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Pakuranga HC 22 August 2015 - R 2 - Chair, Mr A Dooley

Created on 24 August 2015

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
RSeabrook
Name(s):
Ms M Browne - Class E Rider
Mr J Oatham - Senior Stipendiary Steward
Informant
Mr A Coles - Stipendiary Steward
Information Number
A4382
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of race 2, Pakuranga Hunt Supporters Group 2200, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Coles, alleged that Ms Browne used the whip excessively on her mount RAISAFUASHO.

Ms Browne acknowledged that she understood the nature of the charge, the Rule and admitted the breach.

Rule 638(3) (b)(ii) provides A Rider shall not:

(b) strike a horse with a whip in a manner or to an extent which is excessive.

Mr Oatham demonstrated on the video films that Ms Browne used her whip 15 times prior to the 200 metres. He said the strikes were a mixture of behind the saddle and on the shoulder.

Ms Browne acknowledged that she struck her mount for a total of 15 times prior to the 200 metres. Ms Browne advised she was not aware that strikes on the shoulder were included in an excessive whip charge.

Decision:

As Ms Browne admitted the breach we find the charge proved.

Submission For Penalty:

Mr Coles produced Ms Browne’s record which showed no previous breach under this Rule in the last 12 months. He said Ms Browne should be given credit for her admission of the breach. He submitted a fine in the $100 to $150 range would be appropriate.

Ms Browne asked the Committee to take into account that Amateur riders don’t get paid for their rides.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Ms Browne’s admission of the breach and her clear record under this Rule. The Committee assess the number of strikes (15) as mid – range and the severity as low – range.

The Committee informed Ms Browne that the JCA penalty guide recommended starting point is a $500 fine for a rider's 1st offence.

The Committee had regard for the fact Ms Browne is an Amateur rider with limited opportunities and considered this justified a reduction in penalty.

After taking into account all the above the Committee considers an appropriate penalty is a $200 fine on this occasion.

Penalty:

Accordingly, Ms Browne was fined $200.

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