Archive Decision

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Hawkes Bay RI 11 December 2019 – R 1 – Chair, Mrs N Moffatt

ID: JCA13937

Applicant:
Mr D Balcombe - Stipendiary Steward

Respondent(s):
Mr S McKay - Class A Rider

Other Person:
Mr N Goodwin – Stipendiary Steward

Information Number:
A11629

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Hawkes Bay RI - 11 December 2019

Meet Chair:
NMoffatt

Meet Committee Member 1:
TCastles

Race Date:
2019/12/11

Race Number:
R 1

Decision:

As Mr McKay admitted the breach, the charge was deemed proved.

Penalty:

Accordingly, Mr McKay is fined the sum of $500.

Facts:

Following Race 1, Mr Balcombe lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that S McKay used his whip excessively prior to the 100m.

At the outset of the hearing, Mr McKay confirmed that he understood the Rule and that he admitted the breach.

Mr Balcombe showed on the video where Mr McKay struck his mount a total of 8 times before the 100m mark. He was three over the guidelines but the strikes were not consecutive. Mr McKay was satisfied with the stewards’ description of the breach.

Submissions for Penalty:

This is Mr McKay’s second breach of the whip rule since all riders’ records were reset with the implementation of the new guidelines on October 7th 2019. In November he was fined the sum of $750 for an excessive whip charge in a Group 2 race. Mr Balcombe said today’s breach was at the low end of the scale and his submission was for a penalty aligned with the Judicial guidelines.

Mr McKay said he simply misjudged the number of strikes.

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 breach- suspension

The Committee considered the breach low end. Mr McKay’s whip use was not continuous, and a few were described as “flicks” down the shoulder. The starting point for a 2nd breach is $500, and the Committee deemed this to be an appropriate penalty today.

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: 82e60be7978a46d57ce52f65e55fe485


informantnumber: A11629


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 13/12/2019


hearing_title: Hawkes Bay RI 11 December 2019 - R 1 - Chair, Mrs N Moffatt


charge:


facts:

Following Race 1, Mr Balcombe lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that S McKay used his whip excessively prior to the 100m.

At the outset of the hearing, Mr McKay confirmed that he understood the Rule and that he admitted the breach.

Mr Balcombe showed on the video where Mr McKay struck his mount a total of 8 times before the 100m mark. He was three over the guidelines but the strikes were not consecutive. Mr McKay was satisfied with the stewards’ description of the breach.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr McKay admitted the breach, the charge was deemed proved.


sumissionsforpenalty:

This is Mr McKay’s second breach of the whip rule since all riders’ records were reset with the implementation of the new guidelines on October 7th 2019. In November he was fined the sum of $750 for an excessive whip charge in a Group 2 race. Mr Balcombe said today’s breach was at the low end of the scale and his submission was for a penalty aligned with the Judicial guidelines.

Mr McKay said he simply misjudged the number of strikes.


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 breach- suspension

The Committee considered the breach low end. Mr McKay’s whip use was not continuous, and a few were described as “flicks” down the shoulder. The starting point for a 2nd breach is $500, and the Committee deemed this to be an appropriate penalty today.


penalty:

Accordingly, Mr McKay is fined the sum of $500.


hearing_type: Hearing


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


Informant: Mr D Balcombe - Stipendiary Steward


JockeysandTrainer: Mr S McKay - Class A Rider


Otherperson: Mr N Goodwin – Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 6867995ebbf7e23c0ea561423ae7f7b6


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: ebcc47c5a761cd4f9e76fdb5a2f3feb7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/12/2019


meet_title: Hawkes Bay RI - 11 December 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: hawkes-bay-ri


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: TCastles


meet_pm2: none


name: Hawkes Bay RI