R Te Aroha 14 May 2014 – R 3
ID: JCA16688
Code:
Thoroughbred
Meet Title:
Racing Te Aroha - 14 May 2014
Meet Chair:
ADooley
Race Date:
2014/05/14
Race Number:
R3
Decision:
As Mr Dee admitted the breach the Committee finds the charge proved.
Penalty:
Accordingly, Mr Dee is fined the sum of $275.
Facts:
Following the running of race 3, Silver Fern Farms 2100, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Coles, alleged that Mr Dee used the whip excessively prior to the 200 metres on his mount DELICANO.
Mr Dee acknowledged that he understood the nature of the charge, the Rule and admitted the breach. Mr Dee advised the Committee that he did not require any assistance at the hearing.
Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
Mr Oatham demonstrated on the video films that Mr Dee used his whip 14 times prior to the 200 metres. He noted Te Aroha has a long straight and today’s breach occurred on a heavy track. He said Mr Dee did not give his mount the required respite after 6 strides.
Mr Dee acknowledged he struck his mount 14 times prior to the 200 metres. Mr Dee conceded that he was eager to ensure DELICANO did not stop when in the lead.
Submissions for Penalty:
Mr Coles produced Mr Dee's record which showed 1 previous breach under this Rule in the last 12 months. Mr Coles said this incurred a fine of $150 and submitted a fine of not less than $300 for today’s breach. He added Mr Dee had gained an advantage when using the whip as his mount won the race.
Mr Dee submitted that he doubted his mount gained an advantage as she won by 1 length and he sat up before the finish line.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating fact is Mr Dee's admission of the breach. However, the aggravating fact this is Mr Dee’s second breach under this Rule in the last 12 months. The number of strikes (14) is assessed as mid – range and the severity is assessed at the mid - range. The Committee had regard for the fact Mr Dee is an apprentice rider, notwithstanding relatively experienced and reminded him any further breaches in the near future would result in a higher penalty.
Before imposing penalty the Committee referred to similar breaches under this Rule to determine a fair and consistent penalty.
After taking into account all the above factors the Committee considers a fine of $275 is appropriate.
JCA Decision Fields (raw)
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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: d4e2201add07c9ce5b60a6f263696ed0
informantnumber: A4109
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive whip use
plea: admitted
penaltyrequired: 1
decisiondate: 06/05/2014
hearing_title: R Te Aroha 14 May 2014 - R 3
charge:
facts:
Following the running of race 3, Silver Fern Farms 2100, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Coles, alleged that Mr Dee used the whip excessively prior to the 200 metres on his mount DELICANO.
Mr Dee acknowledged that he understood the nature of the charge, the Rule and admitted the breach. Mr Dee advised the Committee that he did not require any assistance at the hearing.
Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
Mr Oatham demonstrated on the video films that Mr Dee used his whip 14 times prior to the 200 metres. He noted Te Aroha has a long straight and today’s breach occurred on a heavy track. He said Mr Dee did not give his mount the required respite after 6 strides.
Mr Dee acknowledged he struck his mount 14 times prior to the 200 metres. Mr Dee conceded that he was eager to ensure DELICANO did not stop when in the lead.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Dee admitted the breach the Committee finds the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Dee's record which showed 1 previous breach under this Rule in the last 12 months. Mr Coles said this incurred a fine of $150 and submitted a fine of not less than $300 for today’s breach. He added Mr Dee had gained an advantage when using the whip as his mount won the race.
Mr Dee submitted that he doubted his mount gained an advantage as she won by 1 length and he sat up before the finish line.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating fact is Mr Dee's admission of the breach. However, the aggravating fact this is Mr Dee’s second breach under this Rule in the last 12 months. The number of strikes (14) is assessed as mid – range and the severity is assessed at the mid - range. The Committee had regard for the fact Mr Dee is an apprentice rider, notwithstanding relatively experienced and reminded him any further breaches in the near future would result in a higher penalty.
Before imposing penalty the Committee referred to similar breaches under this Rule to determine a fair and consistent penalty.
After taking into account all the above factors the Committee considers a fine of $275 is appropriate.
penalty:
Accordingly, Mr Dee is fined the sum of $275.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr M Dee - Apprentice Rider
Otherperson: Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e3d7f8666ee53114930dcee7f37b46ca
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: 192b570b4b0c0a3ea0524cc700e2e079
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/05/2014
meet_title: Racing Te Aroha - 14 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-te-aroha
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Racing Te Aroha