Avondale JC 5 October 2016 – R 3 – Chair, Mr A Dooley
ID: JCA10463
Code:
Thoroughbred
Meet Title:
Avondale JC - 5 October 2016
Meet Chair:
ADooley
Race Date:
2016/10/05
Race Number:
R3
Decision:
As Ms Spratt admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Ms Spratt was fined $300.
In conclusion the Committee advised Ms Spratt with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.
Facts:
Following the running of race 3, Henderson Maiden, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Ms Spratt used the whip in an excessive manner prior to the 200 metres when riding PISTOL PETE.
Ms Spratt acknowledged that she understood the Rule and confirmed her admission of the breach.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The Guidelines for Use of Whip provide:
Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.
Mr Jones demonstrated the incident using the available video footage. He identified Ms Spratt and showed that she struck her mount 10 times prior to the 200 metres. He said there was no force used and the strikes were on the shoulder. He added there was a public perception with regard to excessive whip use.
Ms Spratt acknowledged that she struck her mount 10 times prior to the 200 metres and confirmed the strikes were light and on the shoulder.
Submissions for Penalty:
Mr Williamson produced Ms Spratt’s record which showed no previous breach under this Rule in the last 12 months. He said Ms Spratt should be given credit for her admission of the breach and her clear record. He made reference to the Penalty Guide for Judicial Committees which provides a starting point of a $500 fine or a two day suspension. He said the force of strikes was low end but identified that PISTOL PETE was weakening and going backwards prior to the 200 metres. Mr Williamson submitted a fine of less than $300 would be appropriate given the breach was at the low end.
Ms Spratt advised that she was familiar with recent similar penalties which incurred $300 fines.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. There were several mitigating factors in this case which included Ms Spratt’s admission of the breach and her excellent record under this Rule. The Committee assess the number of strikes (10) was low end and the severity of strikes was low end. When reviewing the video footage it was clear that Ms Spratt was flicking her mount with the whip on the shoulder and it was evident the strikes were light. The Committee acknowledge the frequency of strikes were not continuous and there were some pauses.
The only slight aggravating fact was Ms Spratt struck her mount lightly on two occasions near the 250 metres when it was starting to weaken out of the race.
The Committee did inform Ms Spratt that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension. However, this particular case clearly does not justify a suspension because it was at the low end of the scale.
After taking into account all the above the Committee granted Ms Spratt a $200 discount for the notable mitigating factors.
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: 03556479685dbce1aa1e0aad28fcdefc
informantnumber: A8513
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 05/10/2016
hearing_title: Avondale JC 5 October 2016 - R 3 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 3, Henderson Maiden, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Ms Spratt used the whip in an excessive manner prior to the 200 metres when riding PISTOL PETE.
Ms Spratt acknowledged that she understood the Rule and confirmed her admission of the breach.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The Guidelines for Use of Whip provide:
Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.
Mr Jones demonstrated the incident using the available video footage. He identified Ms Spratt and showed that she struck her mount 10 times prior to the 200 metres. He said there was no force used and the strikes were on the shoulder. He added there was a public perception with regard to excessive whip use.
Ms Spratt acknowledged that she struck her mount 10 times prior to the 200 metres and confirmed the strikes were light and on the shoulder.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Spratt admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson produced Ms Spratt’s record which showed no previous breach under this Rule in the last 12 months. He said Ms Spratt should be given credit for her admission of the breach and her clear record. He made reference to the Penalty Guide for Judicial Committees which provides a starting point of a $500 fine or a two day suspension. He said the force of strikes was low end but identified that PISTOL PETE was weakening and going backwards prior to the 200 metres. Mr Williamson submitted a fine of less than $300 would be appropriate given the breach was at the low end.
Ms Spratt advised that she was familiar with recent similar penalties which incurred $300 fines.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. There were several mitigating factors in this case which included Ms Spratt’s admission of the breach and her excellent record under this Rule. The Committee assess the number of strikes (10) was low end and the severity of strikes was low end. When reviewing the video footage it was clear that Ms Spratt was flicking her mount with the whip on the shoulder and it was evident the strikes were light. The Committee acknowledge the frequency of strikes were not continuous and there were some pauses.
The only slight aggravating fact was Ms Spratt struck her mount lightly on two occasions near the 250 metres when it was starting to weaken out of the race.
The Committee did inform Ms Spratt that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension. However, this particular case clearly does not justify a suspension because it was at the low end of the scale.
After taking into account all the above the Committee granted Ms Spratt a $200 discount for the notable mitigating factors.
penalty:
Accordingly, Ms Spratt was fined $300.
In conclusion the Committee advised Ms Spratt with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Stipendiary Steward
JockeysandTrainer: Ms S Spratt - Licensed Jockey
Otherperson: Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 89c2f8b34486c8c26f0dfbc412ff35b6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2e076123a540a7eb56aa1ce57e648359
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/10/2016
meet_title: Avondale JC - 5 October 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Avondale JC