Wanganui JC 5 July 2018 – R 3 – Chair, Mrs N Moffatt
ID: JCA11427
Code:
Thoroughbred
Meet Title:
Wanganui JC - 5 July 2018
Meet Chair:
NMoffatt
Meet Committee Member 1:
TBird
Race Date:
2018/07/05
Race Number:
R3
Decision:
As Ms O’Beirne admitted the breach the charge was found to be proved.
Penalty:
Accordingly Ms O’Beirne is fined the sum of $300.
Facts:
Following Race 3 (Spooners Dry Cleaners Maiden 3YO) Mr Balcombe lodged an information with the Judicial Committee alleging that C O’Beirne used her whip excessively on her mount FRANCESCA KATE prior to the 100m.
A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide:
Without affecting the generality of Rule 638(3) (b) a rider may be penalised if their whip use is outside of the following guidelines:
Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached. Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
Mr Balcombe used the head-on video to show Ms O’Beirne’s racing to the outside of the field in the home straight. From that point up until the 100m mark she used the whip 9 times without sufficient respite.
Ms O’Beirne and Mr Hannam accepted as accurate the Steward’s assessment of the number of strikes.
Submissions for Penalty:
Mr Balcombe said this was Ms O’Beirne’s first excessive use of the whip charge and submitted a fine in line with the Penalty Guide was appropriate.
Ms O’Beirne said she had had approximately 300 race rides over a 2 ½ year period of riding and this was her first charge under the Rule. Mr Hannam asked the Committee to take into account her very good record and the fact that Ms O’Beirne had not used the whip with any vigour, describing her action as being “taps” of the whip.
Reasons for Penalty:
The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3) (b) (ii):
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding days
Ms O’Beirne struck her mount a total of 9 times without the necessary 5 stride respite. These strikes were not made with undue force and the Committee considers the offence to be at the low end of the scale.
Ms O’Beirne has a clear record and we adopted a starting point of $300 which is consistent for first breaches. There were no aggravating factors which might command an uplift from this level.
JCA Decision Fields (raw)
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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: 1ef2d6b89e123a7b77917e1594efca8a
informantnumber: A9229
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 05/07/2018
hearing_title: Wanganui JC 5 July 2018 - R 3 - Chair, Mrs N Moffatt
charge:
facts:
Following Race 3 (Spooners Dry Cleaners Maiden 3YO) Mr Balcombe lodged an information with the Judicial Committee alleging that C O’Beirne used her whip excessively on her mount FRANCESCA KATE prior to the 100m.
A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide:
Without affecting the generality of Rule 638(3) (b) a rider may be penalised if their whip use is outside of the following guidelines:
Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached. Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
Mr Balcombe used the head-on video to show Ms O’Beirne’s racing to the outside of the field in the home straight. From that point up until the 100m mark she used the whip 9 times without sufficient respite.
Ms O’Beirne and Mr Hannam accepted as accurate the Steward’s assessment of the number of strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms O’Beirne admitted the breach the charge was found to be proved.
sumissionsforpenalty:
Mr Balcombe said this was Ms O’Beirne’s first excessive use of the whip charge and submitted a fine in line with the Penalty Guide was appropriate.
Ms O’Beirne said she had had approximately 300 race rides over a 2 ½ year period of riding and this was her first charge under the Rule. Mr Hannam asked the Committee to take into account her very good record and the fact that Ms O’Beirne had not used the whip with any vigour, describing her action as being “taps” of the whip.
reasonsforpenalty:
The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3) (b) (ii):
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding days
Ms O’Beirne struck her mount a total of 9 times without the necessary 5 stride respite. These strikes were not made with undue force and the Committee considers the offence to be at the low end of the scale.
Ms O’Beirne has a clear record and we adopted a starting point of $300 which is consistent for first breaches. There were no aggravating factors which might command an uplift from this level.
penalty:
Accordingly Ms O’Beirne is fined the sum of $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr D Balcombe - Stipendiary Steward
JockeysandTrainer: Ms C O'Beirne Apprentice Rider, Mr R Hannam - Licensed Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8d8194b4a29a0c030f5214c7bdacf04a
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: c1cd70889ab8311f3778c2aa807d8031
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/07/2018
meet_title: Wanganui JC - 5 July 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wanganui-jc
meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: TBird
meet_pm2: none
name: Wanganui JC