Archive Decision

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South Canterbury RC 13 June 2014 – R 7

ID: JCA16231

Applicant:
J McLaughlin-Stipendiary Steward

Respondent(s):
R Black-Class B Licensed Apprentice Jockey

Other Person:
K Tyler-Licensed Trainer

Information Number:
A5714

Hearing Type:
Hearing

New Charge:
Breach of Rule 638(3)(b) –Excessive use of the whip

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
South Canterbury RC - 13 June 2014

Meet Chair:
SChing

Meet Committee Member 1:
PKnowles

Race Date:
2014/06/13

Race Number:
R7

Decision:

As Miss Black had admitted the charge it was deemed to be proved.

Penalty:

Miss Black was fined the sum of $200.

Facts:

Following the running of Race 7, the Speights Stayers Rating 75, an Information was filed by Stipendiary Steward Mr J McLaughlin against Licensed Apprentice Jockey Miss R Black, alleging a breach of Rule 638(3)(b) in that she used her whip excessively on BRAEHILL prior to the 200m.

Rule 638(3)(b) reads as follows:

“(3) A rider shall not:

(b) strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;

Miss Black had indicated on the Information that the charge was admitted which she confirmed at the hearing. Miss Black also confirmed she understood the rule she was being charged with. Miss Black was assisted at the hearing by Licensed Trainer, Mr K Tyler, her employer.

Mr McLaughlin gave evidence and produced video replays, with the assistance of Senior Stipendiary Steward, Mr J Oatham, which showed Miss Black riding BRAEHILL, who was in contention at the home turn near the 400m. He pointed out Miss Black drawing the whip and using the whip 15-16 times on BRAEHILL prior to the 200m. Mr McLaughlin stated that the reason Miss Black was being charged was that she had failed to go back to the whip rein with her whip hand as required by the Whip Guidelines prior to the 200m. Mr Oatham submitted that the strikes were not with force and the breach could be described as low to mid-range.

Miss Black did not dispute the number of strikes and stated that most of the strikes were back handers with not a lot of force. She said that she had been under pressure from the horse on the outside, ZENNA ROLLS ROYCE, from the 800m, when both horses were contesting for the lead. She said that ZENNA ROLLS ROYCE had lay all over her mount and she would have only finished in 4th or 5th place had she not continued to use the whip as she had prior to the 400m.

Submissions for Penalty:

Mr McLaughlin stated that Miss Black had a clear penalty record in regard to the Rule over the previous 12 months. He also stated that Miss Black had admitted the breach at the first opportunity. Mr McLaughlin submitted that the breach was at the low to mid-range and that a fine of $200 be considered as penalty.

Mr Tyler submitted that consideration should be given in assessing penalty, the fact that the strikes were not forceful.

Reasons for Penalty:

In determining penalty the Committee took the JCA Penalty Guide recommendation of $300 for a first offence as a starting point. We were able to give a discount of $50 for Miss Black’s clear record and a further discount of $50 her frank admission of the breach. We also gave consideration to the level of the breach which we set at low to mid-range. We therefore decided that an appropriate penalty was a fine of $200.

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: cd49b246078a2cdddb073fb9e578c238


informantnumber: A5714


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Rule 638(3)(b) –Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 17/06/2014


hearing_title: South Canterbury RC 13 June 2014 - R 7


charge:


facts:

Following the running of Race 7, the Speights Stayers Rating 75, an Information was filed by Stipendiary Steward Mr J McLaughlin against Licensed Apprentice Jockey Miss R Black, alleging a breach of Rule 638(3)(b) in that she used her whip excessively on BRAEHILL prior to the 200m.

Rule 638(3)(b) reads as follows:

“(3) A rider shall not:

(b) strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;

Miss Black had indicated on the Information that the charge was admitted which she confirmed at the hearing. Miss Black also confirmed she understood the rule she was being charged with. Miss Black was assisted at the hearing by Licensed Trainer, Mr K Tyler, her employer.

Mr McLaughlin gave evidence and produced video replays, with the assistance of Senior Stipendiary Steward, Mr J Oatham, which showed Miss Black riding BRAEHILL, who was in contention at the home turn near the 400m. He pointed out Miss Black drawing the whip and using the whip 15-16 times on BRAEHILL prior to the 200m. Mr McLaughlin stated that the reason Miss Black was being charged was that she had failed to go back to the whip rein with her whip hand as required by the Whip Guidelines prior to the 200m. Mr Oatham submitted that the strikes were not with force and the breach could be described as low to mid-range.

Miss Black did not dispute the number of strikes and stated that most of the strikes were back handers with not a lot of force. She said that she had been under pressure from the horse on the outside, ZENNA ROLLS ROYCE, from the 800m, when both horses were contesting for the lead. She said that ZENNA ROLLS ROYCE had lay all over her mount and she would have only finished in 4th or 5th place had she not continued to use the whip as she had prior to the 400m.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss Black had admitted the charge it was deemed to be proved.


sumissionsforpenalty:

Mr McLaughlin stated that Miss Black had a clear penalty record in regard to the Rule over the previous 12 months. He also stated that Miss Black had admitted the breach at the first opportunity. Mr McLaughlin submitted that the breach was at the low to mid-range and that a fine of $200 be considered as penalty.

Mr Tyler submitted that consideration should be given in assessing penalty, the fact that the strikes were not forceful.


reasonsforpenalty:

In determining penalty the Committee took the JCA Penalty Guide recommendation of $300 for a first offence as a starting point. We were able to give a discount of $50 for Miss Black’s clear record and a further discount of $50 her frank admission of the breach. We also gave consideration to the level of the breach which we set at low to mid-range. We therefore decided that an appropriate penalty was a fine of $200.


penalty:

Miss Black was fined the sum of $200.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: J McLaughlin-Stipendiary Steward


JockeysandTrainer: R Black-Class B Licensed Apprentice Jockey


Otherperson: K Tyler-Licensed Trainer


PersonPresent:


Respondent:


StipendSteward:


raceid: bc4a057ff1a7ca231d6b9882236d1338


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: 45352ccc7afd34f0723b9c5ecfa513b8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/06/2014


meet_title: South Canterbury RC - 13 June 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: south-canterbury-rc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: PKnowles


meet_pm2: none


name: South Canterbury RC