Archive Decision

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R Te Aroha 23 April 2014 – R8

ID: JCA17401

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr C Dell - Apprentice Rider

Other Person:
Ms P Kinsey - Stipendiary Steward

Information Number:
A4106

Hearing Type:
Hearing

New Charge:
Excessive whip use

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Te Aroha - 23 April 2014

Meet Chair:
ADooley

Race Date:
2014/04/23

Race Number:
R8

Decision:

As Mr Dell admitted the breach the Committee finds the charge proved.

Penalty:

Accordingly, Mr Dell was fined the sum of $250.

Facts:

Following the running of race 8, (Sir) Time Keeper Memorial 1600, an information was filed pursuant to Rule 638(3) (b). The Informant, Mr Coles, alleged that Mr Dell used the whip excessively prior to the 200 metres on his mount, RIOT ACT.
Mr Dell acknowledged that he understood the nature of the charge, the Rule and admitted the breach. Mr Dell 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;
Ms Kinsey demonstrated on the video films that Mr Dell used his whip 15 times prior to the 200 metres. She said Mr Dell did not give his mount the required respite after 6 strides. However, she did concede that Mr Dell gave his mount some respite.
Mr Dell acknowledged he struck his mount 15 times prior to the 200 metres. Mr Dell said he gave his mount respite after four strides on two occasions.

Submissions for Penalty:

Mr Coles produced Mr Dell's record which showed 1 previous breach under this Rule in the last 12 months. Mr Coles said this incurred a fine of $225 and submitted a fine of $250 for today’s breach would be appropriate.
Mr Dell submitted he was not getting a lot of rides and had nothing to say regarding penalty.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating fact was Mr Dell's admission of the breach. The number of strikes (15) is assessed as mid–range and I note Mr Dell did give his mount some respite, the severity is assessed at the low end. However, the aggravating fact this was Mr Dell’s second breach under this rule in the last 12 months.

Before imposing penalty the Committee referred to similar breaches under this Rule to determine a consistent penalty.

After taking into account all the above factors the Committee considers a fine of $250 is appropriate.

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: df793b0ee616efdc7ba8e35eb47eccd5


informantnumber: A4106


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive whip use


plea: admitted


penaltyrequired: 1


decisiondate: 20/04/2014


hearing_title: R Te Aroha 23 April 2014 - R8


charge:


facts:

Following the running of race 8, (Sir) Time Keeper Memorial 1600, an information was filed pursuant to Rule 638(3) (b). The Informant, Mr Coles, alleged that Mr Dell used the whip excessively prior to the 200 metres on his mount, RIOT ACT.
Mr Dell acknowledged that he understood the nature of the charge, the Rule and admitted the breach. Mr Dell 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;
Ms Kinsey demonstrated on the video films that Mr Dell used his whip 15 times prior to the 200 metres. She said Mr Dell did not give his mount the required respite after 6 strides. However, she did concede that Mr Dell gave his mount some respite.
Mr Dell acknowledged he struck his mount 15 times prior to the 200 metres. Mr Dell said he gave his mount respite after four strides on two occasions.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Dell admitted the breach the Committee finds the charge proved.


sumissionsforpenalty:

Mr Coles produced Mr Dell's record which showed 1 previous breach under this Rule in the last 12 months. Mr Coles said this incurred a fine of $225 and submitted a fine of $250 for today’s breach would be appropriate.
Mr Dell submitted he was not getting a lot of rides and had nothing to say regarding penalty.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating fact was Mr Dell's admission of the breach. The number of strikes (15) is assessed as mid–range and I note Mr Dell did give his mount some respite, the severity is assessed at the low end. However, the aggravating fact this was Mr Dell’s second breach under this rule in the last 12 months.

Before imposing penalty the Committee referred to similar breaches under this Rule to determine a consistent penalty.

After taking into account all the above factors the Committee considers a fine of $250 is appropriate.


penalty:

Accordingly, Mr Dell was fined the sum of $250.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr C Dell - Apprentice Rider


Otherperson: Ms P Kinsey - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 9918f67c4346df6dcaea88420131f61a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 2fa14f11ed39eff9b605347df6223414


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/04/2014


meet_title: Racing Te Aroha - 23 April 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