Archive Decision

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Taupo RC 30 December 2013 – R 8

ID: JCA13085

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr M McNab - Licensed Rider

Information Number:
A2789

Hearing Type:
Hearing

New Charge:
Failed to make weight for VALDARAH

Rules:
330(3)(c)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Taupo RC - 30 December 2013

Meet Chair:
ADooley

Meet Committee Member 1:
GTankard

Race Date:
2013/12/30

Race Number:
R8

Decision:

As Mr McNab admitted the breach we find the charge proved.

Penalty:

Accordingly, Mr McNab is fined the sum of $450.

Facts:

Prior to race 8, Windsor Park Karaka Yearlings 2014, an Information was filed pursuant to Rule 330(3) (c). The Informant, Mr Coles, alleged that Mr McNab failed to make the weight for VALDARAH.

Mr McNab acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach.

Rule 330(3) (c) states: A rider shall not fail to ride a horse at the weight at which it is handicapped to carry.

Mr Coles informed the Committee that Mr McNab was 1kg over the carded weight of 55kg on VALDARAH. He said Mr McNab was subsequently replaced with Miss S Collett.

Mr McNab could offer no explanation as to why he was unable to make the carded weight.

Submissions for Penalty:

Mr Coles produced Mr McNab’s record which showed 5 previous breaches under this Rule in the last 12 months. He said they ranged from a $100 fine (minor infringement) up to a $350 fine imposed before a raceday Committee. He added Mr McNab is well aware that if his poor record continues a suspension would be warranted.

Mr Coles submitted on this occasion a fine in the range of $350 to $450.

Mr McNab did not wish to make any submissions on penalty.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating fact is Mr McNab’s admission of the breach albeit it was inevitable. The aggravating factors are Mr McNab’s very poor record under this Rule, we verified the JCA listing of penalties which showed this is Mr McNab’s 6th breach in the last 8 months and we note the fines incurred have kept increasing. We emphasised to Mr McNab he should not be accepting rides below 56kg’s because his record confirms that he is unable to comply and we view him as a repeat offender.

The Committee explained to Mr McNab that because of his very poor record if he fails to make the carded weight in the near future the appropriate penalty would be a suspension. We produced him examples of two other riders with poor records namely Mr B and Mr L who each recently incurred suspensions. At this point Mr McNab acknowledged that a suspension would be consistent if he breached this Rule again in the near future.

We note that today’s breach occurred on an industry day and affected one set of connections.

After taking into account all the above factors we consider an appropriate penalty is a fine of $450.

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: 3ff2f4b82e1251f1550f0f8afc777fba


informantnumber: A2789


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failed to make weight for VALDARAH


plea: admitted


penaltyrequired: 1


decisiondate: 17/12/2013


hearing_title: Taupo RC 30 December 2013 - R 8


charge:


facts:

Prior to race 8, Windsor Park Karaka Yearlings 2014, an Information was filed pursuant to Rule 330(3) (c). The Informant, Mr Coles, alleged that Mr McNab failed to make the weight for VALDARAH.

Mr McNab acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach.

Rule 330(3) (c) states: A rider shall not fail to ride a horse at the weight at which it is handicapped to carry.

Mr Coles informed the Committee that Mr McNab was 1kg over the carded weight of 55kg on VALDARAH. He said Mr McNab was subsequently replaced with Miss S Collett.

Mr McNab could offer no explanation as to why he was unable to make the carded weight.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr McNab admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Coles produced Mr McNab’s record which showed 5 previous breaches under this Rule in the last 12 months. He said they ranged from a $100 fine (minor infringement) up to a $350 fine imposed before a raceday Committee. He added Mr McNab is well aware that if his poor record continues a suspension would be warranted.

Mr Coles submitted on this occasion a fine in the range of $350 to $450.

Mr McNab did not wish to make any submissions on penalty.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating fact is Mr McNab’s admission of the breach albeit it was inevitable. The aggravating factors are Mr McNab’s very poor record under this Rule, we verified the JCA listing of penalties which showed this is Mr McNab’s 6th breach in the last 8 months and we note the fines incurred have kept increasing. We emphasised to Mr McNab he should not be accepting rides below 56kg’s because his record confirms that he is unable to comply and we view him as a repeat offender.

The Committee explained to Mr McNab that because of his very poor record if he fails to make the carded weight in the near future the appropriate penalty would be a suspension. We produced him examples of two other riders with poor records namely Mr B and Mr L who each recently incurred suspensions. At this point Mr McNab acknowledged that a suspension would be consistent if he breached this Rule again in the near future.

We note that today’s breach occurred on an industry day and affected one set of connections.

After taking into account all the above factors we consider an appropriate penalty is a fine of $450.


penalty:

Accordingly, Mr McNab is fined the sum of $450.


hearing_type: Hearing


Rules: 330(3)(c)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr M McNab - Licensed Rider


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: b08fe3d0b9386ec9e7b37f0aa2f3eb4f


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: daff12644c2d54c007e539743d364322


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/12/2013


meet_title: Taupo RC - 30 December 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: taupo-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GTankard


meet_pm2: none


name: Taupo RC