Archive Decision

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Canterbury JC 11 November 2017 – R 1 – Chair, Mrs N Moffatt

ID: JCA11921

Respondent(s):
Ms S Wynne - Licensed Rider

Other Person:
Mr M Davidson - Stipendiary Steward

Information Number:
A6390

Hearing Type:
Hearing

New Charge:
Excessive use of whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 11 November 2017

Meet Chair:
NMoffatt

Meet Committee Member 1:
RMcKenzie

Race Date:
2017/11/11

Race Number:
R 1

Decision:

As Ms Wynne admitted the breach the charge was found to be proved.

Penalty:

Accordingly Ms Wynne was fined the sum of $500.

Facts:

Following Race 1, Christchurch Casino Premier, Mr Oatham lodged an information with the Judicial Committee alleging a breach of Rule 638(3 (b)(ii) in that S Wynne used her whip excessively on her mount WHO DARES WINS prior to the 100 metres.

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 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.

Ms Wynne acknowledged she understood the rule and confirmed her admission of the breach.

Mr Oatham had Mr Davidson demonstrate the breach using the head-on video. Passing the 400m Ms Wynne used her whip, without the required “five stride” respite, on two occasions prior to the 100m.The second occasion saw her draw her stick approximately 8-9 times.
Ms Wynne did not dispute the stewards’ interpretation of the breach.

Submissions for Penalty:

Mr Oatham said Ms Wynne’s record showed only one charge of excessive use of the whip since the change in guidelines was introduced on August 1st. Ms Wynne received a $300 fine at Riccarton on that occasion (12/8/17).

Mr Oatham said the fact she won the race was an aggravating factor however the Stewards submission was for a penalty in line with a second breach of the rule.

Ms Wynne told the committee she simply misjudged the number of strides when using the whip. While racing in close quarters she made contact with Mr Bosson and thought those strikes wouldn’t count so she didn’t put her hands back on the reins. She said she is trying to break up the number of occasions that she uses the whip and asked for some leniency.

Reasons for Penalty:

New whip guidelines were introduced on 1st August this year (1/8/17) and updated penalty guidelines pertaining to whip use came into effect on November 1st.

The updated starting points for breaches of Rule 638(3)(b)(ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension

The Committee adopted the second breach starting point of $500. Mr Oatham identified the fact that Ms Wynne won the race as an aggravating factor. It was our opinion that it is too difficult to quantify the degree to which whip use assists, or not, in winning a race. There are simply too many variables to consider. We did not therefore apply any uplift in penalty for Ms Wynne winning the race. The number of strikes was in the low to mid-range.

We did not afford any discount for Ms Wynne’s admission of the charge as it was inevitable that the breach would have been found proved.

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: 291ad81e097518e5bd6271e89bfa2fb3


informantnumber: A6390


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 12/11/2017


hearing_title: Canterbury JC 11 November 2017 - R 1 - Chair, Mrs N Moffatt


charge:


facts:

Following Race 1, Christchurch Casino Premier, Mr Oatham lodged an information with the Judicial Committee alleging a breach of Rule 638(3 (b)(ii) in that S Wynne used her whip excessively on her mount WHO DARES WINS prior to the 100 metres.

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 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.

Ms Wynne acknowledged she understood the rule and confirmed her admission of the breach.

Mr Oatham had Mr Davidson demonstrate the breach using the head-on video. Passing the 400m Ms Wynne used her whip, without the required “five stride” respite, on two occasions prior to the 100m.The second occasion saw her draw her stick approximately 8-9 times.
Ms Wynne did not dispute the stewards’ interpretation of the breach.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Wynne admitted the breach the charge was found to be proved.


sumissionsforpenalty:

Mr Oatham said Ms Wynne’s record showed only one charge of excessive use of the whip since the change in guidelines was introduced on August 1st. Ms Wynne received a $300 fine at Riccarton on that occasion (12/8/17).

Mr Oatham said the fact she won the race was an aggravating factor however the Stewards submission was for a penalty in line with a second breach of the rule.

Ms Wynne told the committee she simply misjudged the number of strides when using the whip. While racing in close quarters she made contact with Mr Bosson and thought those strikes wouldn’t count so she didn’t put her hands back on the reins. She said she is trying to break up the number of occasions that she uses the whip and asked for some leniency.


reasonsforpenalty:

New whip guidelines were introduced on 1st August this year (1/8/17) and updated penalty guidelines pertaining to whip use came into effect on November 1st.

The updated starting points for breaches of Rule 638(3)(b)(ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension

The Committee adopted the second breach starting point of $500. Mr Oatham identified the fact that Ms Wynne won the race as an aggravating factor. It was our opinion that it is too difficult to quantify the degree to which whip use assists, or not, in winning a race. There are simply too many variables to consider. We did not therefore apply any uplift in penalty for Ms Wynne winning the race. The number of strikes was in the low to mid-range.

We did not afford any discount for Ms Wynne’s admission of the charge as it was inevitable that the breach would have been found proved.


penalty:

Accordingly Ms Wynne was fined the sum of $500.


hearing_type: Hearing


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


Informant:


JockeysandTrainer: Ms S Wynne - Licensed Rider


Otherperson: Mr M Davidson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 97f8ec19eac7cb28828f9c09171dceb6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: dd56c56321a8e47debd81ea7648f6e69


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/11/2017


meet_title: Canterbury Racing - 11 November 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury Racing