Archive Decision

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Canterbury R 7 October 2017 – R 2 – Chair, Mr S Ching

ID: JCA11808

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Miss A Morgan - Class B Licensed Apprentice Jockey

Other Person:
Mr M Pitman - Licensed Trainer assisting Miss Morgan, Mr M Davidson - Stipendiary Steward

Information Number:
A9520

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 7 October 2017

Meet Chair:
SChing

Meet Committee Member 1:
DJackson

Meet Committee Member 2:
HWeston

Race Date:
2017/10/07

Race Number:
R2

Decision:

As Miss Morgan had admitted the breach the charge was found proved.

Penalty:

Accordingly, Miss Morgan is fined the sum of $300.

Facts:

Following the running of Race 2, the Speights Maiden, an Information was filed by Senior Stipendiary Steward, Mr M Williamson, against Class B Licensed Apprentice Jockey, Miss A Morgan, alleging a breach of Rule 638(3)(b)(ii) in that she used her whip excessively on SARONIC MISS, prior to the 100m.

Rule 638(3)(b) reads as follows:
“(3) A rider shall not:

(b) strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;

The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:

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.

Miss Morgan had indicated on the Information that the charge was admitted which she confirmed at the hearing. She also confirmed that she understood the rule she was being charged with. Miss Morgan was assisted at the hearing by her employer, Mr M Pitman.

Mr Williamson with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and produced video replays, which showed Miss Morgan riding SARONIC MISS, who was racing midfield and midtrack as the field entered the final straight. He pointed out Miss Morgan drawing her whip and using the whip on 9 to 10 occasions, then pushing for 2 strides before using the whip again on a further 6 occasions prior to the 100m. Mr Williamson stated that the strikes were not forceful but the number of strikes were high.

Mr Pitman stated that the strikes were really like flicks. He submitted that the strikes were not forceful but conceded that Miss Morgan had breached the rule and guidelines.

Submissions for Penalty:

Mr Williamson stated that Miss Morgan’s record, since 1 August 2017 when new Whip Guidelines were introduced and all riders began with a clear record, was penalty free. He stated that JCA Penalty Guide provided for a $300 fine, mitigation included, for a first breach of this rule. Mr Williamson submitted that a fine of no less than $300 be considered as penalty in this case.

Miss Morgan apologised to the hearing and promised to work on her whip action.

Reasons for Penalty:

In determining penalty, the Committee considered the JCA Penalty Guide recommended starting point of a $300 fine, mitigation inclusive, for a first offence. The Committee also determined that there were no aggravating factors warranting an uplift in penalty. As there were no exceptional factors to warrant any further discount, the Committee determined that a fine of $300 was an appropriate penalty in this case.

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: 32f1592dbfc955112a2aa7868795b8e9


informantnumber: A9520


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 09/10/2017


hearing_title: Canterbury R 7 October 2017 - R 2 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 2, the Speights Maiden, an Information was filed by Senior Stipendiary Steward, Mr M Williamson, against Class B Licensed Apprentice Jockey, Miss A Morgan, alleging a breach of Rule 638(3)(b)(ii) in that she used her whip excessively on SARONIC MISS, prior to the 100m.

Rule 638(3)(b) reads as follows:
“(3) A rider shall not:

(b) strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;

The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:

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.

Miss Morgan had indicated on the Information that the charge was admitted which she confirmed at the hearing. She also confirmed that she understood the rule she was being charged with. Miss Morgan was assisted at the hearing by her employer, Mr M Pitman.

Mr Williamson with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and produced video replays, which showed Miss Morgan riding SARONIC MISS, who was racing midfield and midtrack as the field entered the final straight. He pointed out Miss Morgan drawing her whip and using the whip on 9 to 10 occasions, then pushing for 2 strides before using the whip again on a further 6 occasions prior to the 100m. Mr Williamson stated that the strikes were not forceful but the number of strikes were high.

Mr Pitman stated that the strikes were really like flicks. He submitted that the strikes were not forceful but conceded that Miss Morgan had breached the rule and guidelines.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss Morgan had admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Williamson stated that Miss Morgan’s record, since 1 August 2017 when new Whip Guidelines were introduced and all riders began with a clear record, was penalty free. He stated that JCA Penalty Guide provided for a $300 fine, mitigation included, for a first breach of this rule. Mr Williamson submitted that a fine of no less than $300 be considered as penalty in this case.

Miss Morgan apologised to the hearing and promised to work on her whip action.


reasonsforpenalty:

In determining penalty, the Committee considered the JCA Penalty Guide recommended starting point of a $300 fine, mitigation inclusive, for a first offence. The Committee also determined that there were no aggravating factors warranting an uplift in penalty. As there were no exceptional factors to warrant any further discount, the Committee determined that a fine of $300 was an appropriate penalty in this case.


penalty:

Accordingly, Miss Morgan is fined the sum of $300.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Miss A Morgan - Class B Licensed Apprentice Jockey


Otherperson: Mr M Pitman - Licensed Trainer assisting Miss Morgan, Mr M Davidson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: fa2afd2eb37b0630603ef453cedce307


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a66d20e8e575a21fc52a3b5320f02ca2


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/10/2017


meet_title: Canterbury Racing - 7 October 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: DJackson


meet_pm2: HWeston


name: Canterbury Racing