R Tauranga 18 October 2013 – R 3
ID: JCA16106
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 18 October 2013
Meet Chair:
ADooley
Meet Committee Member 1:
GTankard
Race Date:
2013/10/18
Race Number:
R3
Decision:
As Mr Dee admitted the breach we find the charge proved.
Penalty:
Accordingly, Mr Dee was fined $150.
Charge:
Following race 4, AVALON – Unique Ability through Disability – Te Puna 2100, an Information was filed pursuant to Rule 638(3)(b). The Informant, Mr Jones, alleged that Mr Dee used his whip excessively prior to the 200 metres on his mount JUST GOT HOME.
Mr Dee acknowledged that he understood the Rule and the nature of the charge.
Rule 638(3)(b) states: A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.
Facts:
Prior to the commencement of this hearing Mr Dee advised the Committee that he admitted the breach and did not require any assistance.
Mr Williamson demonstrated on the video films that Mr Dee used his whip 13 times prior to the 200 metres. He said while Mr Dee did pause on a couple of occasions they were not sufficient as per the required respite after 6 strides.
Mr Dee confirmed that he struck his mount with the whip too many times. He added that he would take more care in the future.
Submissions for Penalty:
Mr Jones produced Mr Dee's record which showed he had no previous breaches under this Rule. He said the breach was low to mid range and submitted a $150 fine would be an appropriate penalty.
Mr Dee did not wish to make any submissions on penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Dee's admission of the breach and his clear record under this Rule. The number of strikes (13) is assessed as low to mid range and the severity is assessed as low to mid range.
We informed Mr Dee that the JCA penalty guide recommended a starting point for a 1st breach is a $300 fine. The starting point is adjusted downwards because of the mitigating factors.
We referred to the JCA listing of penalties for similar breaches which showed fines ranged from $150 to $200.
After taking into account all the above factors we consider an appropriate penalty is $150 fine.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: bcaea2912d472dfc44cac958a69b28b5
informantnumber: A6002
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/10/2013
hearing_title: R Tauranga 18 October 2013 - R 3
charge:
Following race 4, AVALON – Unique Ability through Disability – Te Puna 2100, an Information was filed pursuant to Rule 638(3)(b). The Informant, Mr Jones, alleged that Mr Dee used his whip excessively prior to the 200 metres on his mount JUST GOT HOME.
Mr Dee acknowledged that he understood the Rule and the nature of the charge.
Rule 638(3)(b) states: A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.
facts:
Prior to the commencement of this hearing Mr Dee advised the Committee that he admitted the breach and did not require any assistance.
Mr Williamson demonstrated on the video films that Mr Dee used his whip 13 times prior to the 200 metres. He said while Mr Dee did pause on a couple of occasions they were not sufficient as per the required respite after 6 strides.
Mr Dee confirmed that he struck his mount with the whip too many times. He added that he would take more care in the future.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Dee admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Jones produced Mr Dee's record which showed he had no previous breaches under this Rule. He said the breach was low to mid range and submitted a $150 fine would be an appropriate penalty.
Mr Dee did not wish to make any submissions on penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Dee's admission of the breach and his clear record under this Rule. The number of strikes (13) is assessed as low to mid range and the severity is assessed as low to mid range.
We informed Mr Dee that the JCA penalty guide recommended a starting point for a 1st breach is a $300 fine. The starting point is adjusted downwards because of the mitigating factors.
We referred to the JCA listing of penalties for similar breaches which showed fines ranged from $150 to $200.
After taking into account all the above factors we consider an appropriate penalty is $150 fine.
penalty:
Accordingly, Mr Dee was fined $150.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr B Jones - assistant Stipendiary Steward
JockeysandTrainer: Mr M Dee - Licensed Apprentice Jockey
Otherperson: Mr M Williamson -Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: b1c7e00e5d2c7e6503209cc39963cf7f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2a902a89435b3e6642a4b00dc343ec17
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/10/2013
meet_title: Racing Tauranga - 18 October 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-tauranga
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GTankard
meet_pm2: none
name: Racing Tauranga