Archive Decision

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Waikato RC 18 May 2013 – R 4

ID: JCA14351

Applicant:
Mr R Neal - Co Chief Stipendiary Steward

Respondent(s):
Mrs L Satherley -Rider of Little Alfie Brown

Information Number:
A3489

Hearing Type:
Hearing

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 18 May 2013

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2013/05/18

Race Number:
R4

Decision:

As Mrs Satherley admitted the breach we find the charge proved.

Penalty:

Accordingly, we impose a $150 fine.

Charge:

Following race 4, Fairview Motors Premier, an information was filed pursuant to Rule 638(3)(b).The Informant, Mr Neal, alleged that Mrs Satherley used her whip excessively prior to the 200 metres on her mount LITTLE ALFIE BROWN.

Mrs Satherley acknowledged that she 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:

Mr Neal demonstrated on the video films Mrs Satherley used her whip approximately 13 times prior to the 200 metres. He said while Mrs Satherley did pause on a couple of occasions they were not sufficient as per the required respite after 6 strides.

Mrs Satherley informed the Committee that her horse mount was inclined to stop if you do not ride him strong with the whip. She added that there was no intent on her part.

Submissions for Penalty:

Mr Neal produced Mrs Satherley record which showed she had a clear record under this rule. He submitted the breach was slightly below mid range and in mitigation Mrs Satherley did break up her use of the whip. He submitted that he would let the Committee determine an appropriate penalty.

Mrs Satherley 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 Mrs Satherley's admission of the breach and her clear record under this rule. The number of strikes (13) is assessed as low range and the severity is assessed as low to mid range. The aggravating fact is Mrs Satherley did not give her mount the required 6 strides respite when using her whip.

We informed Mrs Satherley 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 they attracted fines of $150.

After taking into account all the above factors we independently assess 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: 797198df8c7822d973213aee8078cba1


informantnumber: A3489


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 07/05/2013


hearing_title: Waikato RC 18 May 2013 - R 4


charge:

Following race 4, Fairview Motors Premier, an information was filed pursuant to Rule 638(3)(b).The Informant, Mr Neal, alleged that Mrs Satherley used her whip excessively prior to the 200 metres on her mount LITTLE ALFIE BROWN.

Mrs Satherley acknowledged that she 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:

Mr Neal demonstrated on the video films Mrs Satherley used her whip approximately 13 times prior to the 200 metres. He said while Mrs Satherley did pause on a couple of occasions they were not sufficient as per the required respite after 6 strides.

Mrs Satherley informed the Committee that her horse mount was inclined to stop if you do not ride him strong with the whip. She added that there was no intent on her part.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mrs Satherley admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Neal produced Mrs Satherley record which showed she had a clear record under this rule. He submitted the breach was slightly below mid range and in mitigation Mrs Satherley did break up her use of the whip. He submitted that he would let the Committee determine an appropriate penalty.

Mrs Satherley did not wish to make any submissions on penalty.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mrs Satherley's admission of the breach and her clear record under this rule. The number of strikes (13) is assessed as low range and the severity is assessed as low to mid range. The aggravating fact is Mrs Satherley did not give her mount the required 6 strides respite when using her whip.

We informed Mrs Satherley 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 they attracted fines of $150.

After taking into account all the above factors we independently assess an appropriate penalty is $150 fine.


penalty:

Accordingly, we impose a $150 fine.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr R Neal - Co Chief Stipendiary Steward


JockeysandTrainer: Mrs L Satherley -Rider of Little Alfie Brown


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 612f9bc1e96b326bdd96ac04270e41ed


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4f25d535d41044cc038796a9e2a471f9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/05/2013


meet_title: Waikato RC - 18 May 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Waikato RC