Whangarei RC 29 June 2013 – R 10
ID: JCA17932
Code:
Thoroughbred
Meet Title:
Whangarei RC - 29 June 2013
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2013/06/29
Race Number:
R10
Decision:
As Mr Dell admitted the breach we find the charge proved.
Penalty:
Accordingly, we impose a $225 fine.
Charge:
Following race 10, A'FARE CATERERS 1600, an information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles, alleged that Mr Dell used his whip in an excessive manner prior to the 200 metres on his mount CAPTAIN SCOTT.
Mr Dell acknowledged that he understood the rule and the nature of the charge. He informed the Committee that he did not require any assistance during the hearing.
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 Williamson demonstrated on the video films that Mr Dell used his whip approximately 13 times before the 200 metres. He said while Mr Dell did give his mount respite for 3 strides on two occasions they were not sufficient as per the required respite after 6 strides. He added the strikes were not severe and assessed the breach as low range.
Mr Dell informed the Committee that he thought the Rule permitted a rider to strike their mount for 3 on and 3 off before the final 200 metres. However, he conceded he was outside the guidelines and now does fully understood the Rule. He accepted Mr Williamson's assessment of 13 strikes to be correct.
Submissions for Penalty:
Mr Coles produced Mr Dell's record which showed he had 1 previous breach under this Rule in the last 12 months. He described Mr Dell's record as good and assessed the breach to be low end. He informed the Committee Mr Dell's previous breach resulted in a $200 fine and submitted a similar fine would be an appropriate penalty.
Mr Dell submitted he had good record in the last 12 months and believed the breach was at the low end of severity.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Dell's admission of the breach and the number of strikes (13) is assessed as low range and the severity is assessed as low range. We note that Mr Dell did give his mount respite on 2 occasions. The aggravating fact, this was Mr Dell's second breach in the last 12 months.
The Committee informed Mr Dell that the JCA penalty guide recommended a starting point for a 2nd breach is a 2 day suspension or $500 fine. Mr Dell acknowledged the penalty guide recommendation and the Committee advised him any further breaches in the short term may result in a suspension. The starting point is adjusted downwards because of the mitigating factors listed.
We referred to the JCA listing of penalties for similar breaches which showed fines in the vicinity of $250.
After taking into account all the above factors we consider an appropriate penalty is a $225 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: d9a84e460243c2727a2b640b65ecf0b0
informantnumber: A2755
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/06/2013
hearing_title: Whangarei RC 29 June 2013 - R 10
charge:
Following race 10, A'FARE CATERERS 1600, an information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles, alleged that Mr Dell used his whip in an excessive manner prior to the 200 metres on his mount CAPTAIN SCOTT.
Mr Dell acknowledged that he understood the rule and the nature of the charge. He informed the Committee that he did not require any assistance during the hearing.
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 Williamson demonstrated on the video films that Mr Dell used his whip approximately 13 times before the 200 metres. He said while Mr Dell did give his mount respite for 3 strides on two occasions they were not sufficient as per the required respite after 6 strides. He added the strikes were not severe and assessed the breach as low range.
Mr Dell informed the Committee that he thought the Rule permitted a rider to strike their mount for 3 on and 3 off before the final 200 metres. However, he conceded he was outside the guidelines and now does fully understood the Rule. He accepted Mr Williamson's assessment of 13 strikes to be correct.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Dell admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Dell's record which showed he had 1 previous breach under this Rule in the last 12 months. He described Mr Dell's record as good and assessed the breach to be low end. He informed the Committee Mr Dell's previous breach resulted in a $200 fine and submitted a similar fine would be an appropriate penalty.
Mr Dell submitted he had good record in the last 12 months and believed the breach was at the low end of severity.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Dell's admission of the breach and the number of strikes (13) is assessed as low range and the severity is assessed as low range. We note that Mr Dell did give his mount respite on 2 occasions. The aggravating fact, this was Mr Dell's second breach in the last 12 months.
The Committee informed Mr Dell that the JCA penalty guide recommended a starting point for a 2nd breach is a 2 day suspension or $500 fine. Mr Dell acknowledged the penalty guide recommendation and the Committee advised him any further breaches in the short term may result in a suspension. The starting point is adjusted downwards because of the mitigating factors listed.
We referred to the JCA listing of penalties for similar breaches which showed fines in the vicinity of $250.
After taking into account all the above factors we consider an appropriate penalty is a $225 fine.
penalty:
Accordingly, we impose a $225 fine.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr C Dell- Apprentice Rider of CAPTAIN SCOTT
Otherperson: Mr M Williamson -Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 021d4f160ed981b0ebb1e34008086e9c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: dfc4af04e3837b96e05b428a58f9513d
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/06/2013
meet_title: Whangarei RC - 29 June 2013
meet_expappcomment:
meet_km:
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tracklocation: whangarei-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Whangarei RC