Pakuranga HC 23 August 2014 – R 2
ID: JCA16066
Code:
Thoroughbred
Meet Title:
Pakuranga HC - 23 August 2014
Meet Chair:
GJones
Meet Committee Member 1:
TDavies
Race Date:
2014/08/23
Race Number:
R2
Decision:
As Mr Gibbs-Manssen admitted the breach the charge is proved.
Penalty:
Accordingly, Mr Gibbs-Manssen is fined the sum of $150.
Facts:
Following the running of race 2, the Carters Tyres 2200, an Information was filed pursuant to Rule 638(3)(b) alleging that Amateur rider Mr M Gibbs-Manssen used his whip in an excessive manner prior to the 200 metres.
Mr Gibbs-Manssen acknowledged that he understood the nature of the charge and the relevant Rule. He confirmed his admission of the breach.
Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.
Using available video footage Mr Williamson demonstrated to the Committee that Mr Gibbs-Manssen, whilst riding CHOLE KEEPER used his whip at least 18 times between the 600 and 200 metre mark. He said that the frequency and number of strikes were well outside the use of whip guidelines, which require a rider to cease using the whip for at least 6 strides prior to it being used again.
Mr Gibbs-Manssen advised the Committee that he got a bit carried away and this was only the second time in his 10 previous mounts that he had used the whip during a race.
Submissions for Penalty:
Mr Coles advised the Committee that Mr Gibbs-Manssen has a clear record and he should be given credit for his early admission of the breach. He said the number of strikes (18) is assessed as mid-range due to the number and frequency of strikes and submitted that the breach could be dealt with by way of a fine in the vicinity of $150 to $200.
Mr Gibbs-Manssen submitted that he should be given credit for his good record and admission of the breach.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Gibbs-Manssen’s admission of the breach and his clear record under this Rule, noting that as an Amateur he has limited race riding experience.
In consideration of penalty and in the interests of consistency the Committee took into account penalties for similar breaches as well as the JCA Penalty Guidelines which establish a starting point for a breach of this particular rule at $300 (1st breach within a year). The Committee also considered the number, frequency and severity of strikes. We consider 18 strikes without the necessary respite to be mid-range.
After taking into account all the above factors, and noting that as an Amateur rider Mr Gibbs-Manssen does not receive a riding fee, the Committee considers a fine of $150 is 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: b754b1f179ef9bd7a7181bccc3b11431
informantnumber: A4126
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 18/08/2014
hearing_title: Pakuranga HC 23 August 2014 - R 2
charge:
facts:
Following the running of race 2, the Carters Tyres 2200, an Information was filed pursuant to Rule 638(3)(b) alleging that Amateur rider Mr M Gibbs-Manssen used his whip in an excessive manner prior to the 200 metres.
Mr Gibbs-Manssen acknowledged that he understood the nature of the charge and the relevant Rule. He confirmed his admission of the breach.
Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.
Using available video footage Mr Williamson demonstrated to the Committee that Mr Gibbs-Manssen, whilst riding CHOLE KEEPER used his whip at least 18 times between the 600 and 200 metre mark. He said that the frequency and number of strikes were well outside the use of whip guidelines, which require a rider to cease using the whip for at least 6 strides prior to it being used again.
Mr Gibbs-Manssen advised the Committee that he got a bit carried away and this was only the second time in his 10 previous mounts that he had used the whip during a race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Gibbs-Manssen admitted the breach the charge is proved.
sumissionsforpenalty:
Mr Coles advised the Committee that Mr Gibbs-Manssen has a clear record and he should be given credit for his early admission of the breach. He said the number of strikes (18) is assessed as mid-range due to the number and frequency of strikes and submitted that the breach could be dealt with by way of a fine in the vicinity of $150 to $200.
Mr Gibbs-Manssen submitted that he should be given credit for his good record and admission of the breach.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Gibbs-Manssen’s admission of the breach and his clear record under this Rule, noting that as an Amateur he has limited race riding experience.
In consideration of penalty and in the interests of consistency the Committee took into account penalties for similar breaches as well as the JCA Penalty Guidelines which establish a starting point for a breach of this particular rule at $300 (1st breach within a year). The Committee also considered the number, frequency and severity of strikes. We consider 18 strikes without the necessary respite to be mid-range.
After taking into account all the above factors, and noting that as an Amateur rider Mr Gibbs-Manssen does not receive a riding fee, the Committee considers a fine of $150 is an appropriate penalty.
penalty:
Accordingly, Mr Gibbs-Manssen is fined the sum of $150.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr M Gibbs-Manssen - Rider of CHOLE KEEPER
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 113261299abe4fd3469301edb527cf5c
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: b8a5b03bb587be451035d1049c24b3e0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/08/2014
meet_title: Pakuranga HC - 23 August 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: pakuranga-hc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: TDavies
meet_pm2: none
name: Pakuranga HC