Ashburton RC 8 July 2016 – R 7 – Chair, Mr S Ching
ID: JCA15580
Code:
Thoroughbred
Meet Title:
Ashburton RC - 8 July 2016
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2016/07/08
Race Number:
R7
Decision:
As Miss Moore had admitted the charge it was deemed to be proved.
Penalty:
Accordingly, Miss Moore was fined the sum of $300.
Facts:
Following the running of Race 7, the Robbies Bar & Bistro Ashburton Rating 65, an Information was filed by Stipendiary Steward Mr J McLaughlin against Licensed Jockey, Miss B Moore, alleging a breach of Rule 638(3)(b) (ii) in that she used her whip excessively on RUBY TUESDAY prior to the 200m.
Rule 638(3)(b)(ii) reads 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
Miss Moore had indicated on the Information that the charge was admitted which she confirmed at the hearing. Miss Moore also confirmed she understood the rule she was being charged with.
Mr McLaughlin gave evidence and produced video replays to show Miss Moore riding RUBY TUESDAY, who was racing in a prominent position on the home turn with approximately 400m to run. Mr McLaughlin stated that shortly after entering the home straight Miss Moore drew the whip and used the whip on approximately 14 occasions prior to the 200m. Mr McLaughlin stated that the reason Miss Moore was being charged was that she had failed to go back to the whip rein sufficiently with her whip hand as required by the Whip Guidelines prior to the 200m. He stated that Miss Moore had briefly gone back to the whip rein on 3 occasions but this was insufficient under the Guidelines. He stated that under the Guidelines if a rider used the whip on 4 occasions for example, there was a requirement to go back to the whip rein for 4 strides or pushes before going back to using the whip again.
Miss Moore stated that she was aware of the Whip Guidelines but in the heat of the moment forgot to adhere to them.
Submissions for Penalty:
Mr McLaughlin stated that Miss Moore had a clear penalty record in relation to this rule and had admitted the breach at the first opportunity. Mr McLaughlin stated that the JCA Penalty Guide indicated a starting point of $500 for a breach of this rule. He submitted that a fine of $300 be considered as penalty in this case.
Miss Moore made no submissions in regard to penalty.
Reasons for Penalty:
In determining penalty, the Committee took into consideration Miss Moore’s clear penalty record and her ready admission of the breach. In adopting the JCA Penalty Guide starting point of $500 for a breach of this rule we were able to give Miss Moore a discount of $100 for her clear record and a further discount of $100 for her admission of the breach. We therefore determined that an appropriate penalty in this case was a fine of $300.
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: b6ddab70f413a0782a27163f7f447c1b
informantnumber: A6388
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 638(3)(b)(ii) –Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 09/07/2016
hearing_title: Ashburton RC 8 July 2016 - R 7 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the Robbies Bar & Bistro Ashburton Rating 65, an Information was filed by Stipendiary Steward Mr J McLaughlin against Licensed Jockey, Miss B Moore, alleging a breach of Rule 638(3)(b) (ii) in that she used her whip excessively on RUBY TUESDAY prior to the 200m.
Rule 638(3)(b)(ii) reads 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
Miss Moore had indicated on the Information that the charge was admitted which she confirmed at the hearing. Miss Moore also confirmed she understood the rule she was being charged with.
Mr McLaughlin gave evidence and produced video replays to show Miss Moore riding RUBY TUESDAY, who was racing in a prominent position on the home turn with approximately 400m to run. Mr McLaughlin stated that shortly after entering the home straight Miss Moore drew the whip and used the whip on approximately 14 occasions prior to the 200m. Mr McLaughlin stated that the reason Miss Moore was being charged was that she had failed to go back to the whip rein sufficiently with her whip hand as required by the Whip Guidelines prior to the 200m. He stated that Miss Moore had briefly gone back to the whip rein on 3 occasions but this was insufficient under the Guidelines. He stated that under the Guidelines if a rider used the whip on 4 occasions for example, there was a requirement to go back to the whip rein for 4 strides or pushes before going back to using the whip again.
Miss Moore stated that she was aware of the Whip Guidelines but in the heat of the moment forgot to adhere to them.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss Moore had admitted the charge it was deemed to be proved.
sumissionsforpenalty:
Mr McLaughlin stated that Miss Moore had a clear penalty record in relation to this rule and had admitted the breach at the first opportunity. Mr McLaughlin stated that the JCA Penalty Guide indicated a starting point of $500 for a breach of this rule. He submitted that a fine of $300 be considered as penalty in this case.
Miss Moore made no submissions in regard to penalty.
reasonsforpenalty:
In determining penalty, the Committee took into consideration Miss Moore’s clear penalty record and her ready admission of the breach. In adopting the JCA Penalty Guide starting point of $500 for a breach of this rule we were able to give Miss Moore a discount of $100 for her clear record and a further discount of $100 for her admission of the breach. We therefore determined that an appropriate penalty in this case was a fine of $300.
penalty:
Accordingly, Miss Moore was fined the sum of $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: J McLaughlin-Stipendiary Steward
JockeysandTrainer: B Moore-Class A Licensed Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8ae857d5ca3e404231afc19050a87335
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 27d762661f3f052f37f13bfe7046f6df
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/07/2016
meet_title: Ashburton RC - 8 July 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Ashburton RC