Canterbury R 8 December 2017 – R 1 – Chair, Mr S Ching
ID: JCA12256
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 8 December 2017
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2017/12/08
Race Number:
R1
Decision:
Miss Morgan having admitted the breach, the charge was found proved.
Penalty:
Miss Morgan is fined the sum of $600.
Facts:
Following the running of Race 1, the Rangiora New World Maiden, an information was filed by Stipendiary Steward, Mr J McLaughlin, against Licensed Apprentice Jockey (Class B), Miss A Morgan, alleging that Miss Morgan, as the rider of VINSANITY in the race, “used her whip excessively prior to the 100 metres”.
Miss Morgan was present at the hearing of the information, assisted by her employer Mr Matthew Pitman. Miss Morgan had endorsed the information that the breach was admitted which she confirmed at the hearing. She also confirmed that she understood the rule she was being charged with.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
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.
Mr McLaughlin with the assistance of Stipendiary Steward, Mr N McIntyre, showed video replays of the final 300-400 metres of the race. He pointed out Miss Morgan riding VINSANITY as the lead horse as the field turned for home. Mr McIntyre showed that inside the 400m, Miss Morgan drew the whip and struck VINSANITY 7 times before returning to the whip rein and pushing for 4 strides. Miss Morgan, he explained, drew the whip again and used it on a further 7 occasions with another pause for 4 strides with a further 4 strikes prior to the 100m for a total of 18 strikes. Mr McLaughlin submitted that the aggravating factors were the number of strikes and the fact that VINSANITY had gone on to win the race.
Mr Pitman said the Miss Morgan put herself under a bit of pressure due to the horse she was riding was part owned by her partner. He said she knows the rules and got a bit excited when the horse hit the front.
Submissions for Penalty:
Mr McLaughlin told the Committee that Miss Morgan’s record showed a breach of this rule on 7 October 2017 where she was fined the sum of $300 being a first offence since the change in the Penalty Guide and reset on 1 August 2017. He said this was a second offence which the JCA Penalty Guide provided a starting point of $500. Mr McLaughlin stated that the breach was at the high end due to the number of strikes and the fact that Miss Morgan had won the race. These he said were aggravating factors and submitted that an uplift in penalty be considered in this case.
Miss Morgan stated that Mr McLaughlin’s submissions on penalty were fair.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a $500 fine mitigation inclusive, for a second breach of this Rule. The aggravating factors were the level of the breach being high-end due to the number of strikes being 18 and the fact that Miss Morgan had gone on to win the race. These factors warranted an uplift in penalty which we set at $100. We therefore determined that a fine of $600 was an appropriate penalty.
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: 4741a6eaccbeec2d6491cb4495213137
informantnumber: A09540
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Exccesive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 12/12/2017
hearing_title: Canterbury R 8 December 2017 - R 1 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 1, the Rangiora New World Maiden, an information was filed by Stipendiary Steward, Mr J McLaughlin, against Licensed Apprentice Jockey (Class B), Miss A Morgan, alleging that Miss Morgan, as the rider of VINSANITY in the race, “used her whip excessively prior to the 100 metres”.
Miss Morgan was present at the hearing of the information, assisted by her employer Mr Matthew Pitman. Miss Morgan had endorsed the information that the breach was admitted which she confirmed at the hearing. She also confirmed that she understood the rule she was being charged with.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
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.
Mr McLaughlin with the assistance of Stipendiary Steward, Mr N McIntyre, showed video replays of the final 300-400 metres of the race. He pointed out Miss Morgan riding VINSANITY as the lead horse as the field turned for home. Mr McIntyre showed that inside the 400m, Miss Morgan drew the whip and struck VINSANITY 7 times before returning to the whip rein and pushing for 4 strides. Miss Morgan, he explained, drew the whip again and used it on a further 7 occasions with another pause for 4 strides with a further 4 strikes prior to the 100m for a total of 18 strikes. Mr McLaughlin submitted that the aggravating factors were the number of strikes and the fact that VINSANITY had gone on to win the race.
Mr Pitman said the Miss Morgan put herself under a bit of pressure due to the horse she was riding was part owned by her partner. He said she knows the rules and got a bit excited when the horse hit the front.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Morgan having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McLaughlin told the Committee that Miss Morgan’s record showed a breach of this rule on 7 October 2017 where she was fined the sum of $300 being a first offence since the change in the Penalty Guide and reset on 1 August 2017. He said this was a second offence which the JCA Penalty Guide provided a starting point of $500. Mr McLaughlin stated that the breach was at the high end due to the number of strikes and the fact that Miss Morgan had won the race. These he said were aggravating factors and submitted that an uplift in penalty be considered in this case.
Miss Morgan stated that Mr McLaughlin’s submissions on penalty were fair.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a $500 fine mitigation inclusive, for a second breach of this Rule. The aggravating factors were the level of the breach being high-end due to the number of strikes being 18 and the fact that Miss Morgan had gone on to win the race. These factors warranted an uplift in penalty which we set at $100. We therefore determined that a fine of $600 was an appropriate penalty.
penalty:
Miss Morgan is fined the sum of $600.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: J McLaughlin, Stipendiary Steward
JockeysandTrainer: A Morgan, Licensed Apprentice Jockey (Class B)
Otherperson: Matthew Pitman-Licensed Trainer, Mr N McIntyre - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 358d65771f81a910a8cab1f54ff12ca3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 363d22b98c906e4b3db69b359677d7ae
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/12/2017
meet_title: Canterbury Racing - 8 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Canterbury Racing