Archive Decision

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Whangarei RC 29 June 2013 – R 7

ID: JCA14888

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr M Cameron - Licensed Rider

Other Person:
Mr M Williamson - Stipendiary Steward

Information Number:
A2753

Hearing Type:
Hearing

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 29 June 2013

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2013/06/29

Race Number:
R7

Decision:

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

Penalty:

Accordingly, we impose a $150 fine.

Charge:

Following race 7, Whangarei Bus Services Open 2100, an information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles, alleged that Mr Cameron used his whip in an excessive manner prior to the 200 metres on his mount NATSINGA.

Mr Cameron acknowledged that he 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 Williamson demonstrated on the video films that Mr Cameron used his whip approximately 11 times before to the 200 metres. He said while Mr Cameron did pause on a couple of occasions they were not sufficient as per the required respite after 6 strides.

Mr Cameron informed the Committee that his mount was an old horse which needed encouragement. However, he conceded he was outside the guidelines.

Submissions for Penalty:

Mr Coles produced Mr Cameron's record which showed he had a clear record under this rule in the last 12 months. He added Mr Cameron had a few breaches under this rule prior to the last 12 months. He described Mr Cameron's current record as excellent and assessed the offence as low end. He submitted a fine of $150 would be an appropriate penalty.

Mr Cameron submitted he had a very good record in the last 12 months and agreed with Mr Coles’ assessment of the breach.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Cameron's admission of the breach and his clear record under this rule in the last 12 months. The number of strikes (11) is assessed as low range and the severity is assessed as low range.

We note Mr Cameron did not give his mount the required 6 strides respite when using his whip.

We informed Mr Cameron 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 fines in the vicinity of $150. This reference confirmed that Mr Cameron did not have a good record prior to the last 12 months.

After taking into account all the above factors we consider 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: 8867ab927ccb1c9c2034f2c68a46d4c9


informantnumber: A2753


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/06/2013


hearing_title: Whangarei RC 29 June 2013 - R 7


charge:

Following race 7, Whangarei Bus Services Open 2100, an information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles, alleged that Mr Cameron used his whip in an excessive manner prior to the 200 metres on his mount NATSINGA.

Mr Cameron acknowledged that he 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 Williamson demonstrated on the video films that Mr Cameron used his whip approximately 11 times before to the 200 metres. He said while Mr Cameron did pause on a couple of occasions they were not sufficient as per the required respite after 6 strides.

Mr Cameron informed the Committee that his mount was an old horse which needed encouragement. However, he conceded he was outside the guidelines.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Coles produced Mr Cameron's record which showed he had a clear record under this rule in the last 12 months. He added Mr Cameron had a few breaches under this rule prior to the last 12 months. He described Mr Cameron's current record as excellent and assessed the offence as low end. He submitted a fine of $150 would be an appropriate penalty.

Mr Cameron submitted he had a very good record in the last 12 months and agreed with Mr Coles’ assessment of the breach.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Cameron's admission of the breach and his clear record under this rule in the last 12 months. The number of strikes (11) is assessed as low range and the severity is assessed as low range.

We note Mr Cameron did not give his mount the required 6 strides respite when using his whip.

We informed Mr Cameron 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 fines in the vicinity of $150. This reference confirmed that Mr Cameron did not have a good record prior to the last 12 months.

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


penalty:

Accordingly, we impose a $150 fine.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr M Cameron - Licensed Rider


Otherperson: Mr M Williamson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 85c06fd62bf10e0a922a26324ef90477


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: dfc4af04e3837b96e05b428a58f9513d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/06/2013


meet_title: Whangarei RC - 29 June 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GJones


meet_pm2: none


name: Whangarei RC