Amberley RC 23 June 2018 – R 8 – Chair, Mr D Anderson
ID: JCA16636
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 23 June 2018
Meet Chair:
DAnderson
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/06/23
Race Number:
R 8
Decision:
As Mr Lowry had admitted the charge, it was deemed to be proved.
Penalty:
The Committee grants a deferment to Mr Lowry’s suspension pursuant to Rule 1106(2).
Accordingly, Mr Lowry’s licence is suspended from the conclusion of racing on 29 June 2018 up to and including racing on 19 July 2018.
Facts:
Following the running of Race 8 The GO RACING SYNDICATIONS-SHARES NOW AVAILABLE RATING 65 an Information was filed by Stipendiary Steward Mr J McLaughlin against Apprentice Jockey Mr J Lowry, alleging a breach of Rule 638(3)(b) (ii) “in that he used his whip excessively prior to the 100 metres on his mount SARONIC MISS”.
Mr Lowry acknowledged that he understood the rule and confirmed his admission of the breach.
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
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 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 the race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
Mr Wadley demonstrated the incident using the available video footage. He identified Mr Lowry in the home straight and showed that he struck his mount 9 or 10 times prior to the 100 metres. He said that the strikes were without respite and well outside the guidelines.
Mr Lowry agreed with Mr Wadley's assessment and added that his horse was finishing surprisingly fast from the rear of the field and in the excitement, he had a brain fade.
Submissions for Penalty:
Mr McLaughlin stated that Mr Lowry had four previous breaches for excessive use of the whip within the last 12 months.
5 August 2017 - $250
1 September 2017 - $500
28 December 2017 – 6-day suspension
8 March 2018 – 8-day suspension
He said that the JCA Penalty Guide indicated a suspension of between 6 to 8 national days and the Stewards, with regard to Mr Lowry`s poor record, would be looking for an increase from this guideline.
Mr Lowry had no submissions to make on penalty but he requested a deferment of any suspension so he could fulfil engagements at Otago next Friday.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The JCA penalty guide provides for a 6 - 8 national riding day suspension for a 3rd or subsequent breach of this rule. In determining penalty, we have adopted an 8-day starting point as we consider this breach to be mid to high range.
The aggravating factor to consider is Mr Lowry`s poor record under this rule. For this we uplift the penalty 2 days and therefore determine that a 10-day suspension is an appropriate penalty.
In mitigation there are no exceptional circumstances to warrant any discount in this case.
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: cefdbc6f628afabac150a61a7a2dec46
informantnumber: A8173
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 25/06/2018
hearing_title: Amberley RC 23 June 2018 - R 8 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 8 The GO RACING SYNDICATIONS-SHARES NOW AVAILABLE RATING 65 an Information was filed by Stipendiary Steward Mr J McLaughlin against Apprentice Jockey Mr J Lowry, alleging a breach of Rule 638(3)(b) (ii) “in that he used his whip excessively prior to the 100 metres on his mount SARONIC MISS”.
Mr Lowry acknowledged that he understood the rule and confirmed his admission of the breach.
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
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 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 the race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
Mr Wadley demonstrated the incident using the available video footage. He identified Mr Lowry in the home straight and showed that he struck his mount 9 or 10 times prior to the 100 metres. He said that the strikes were without respite and well outside the guidelines.
Mr Lowry agreed with Mr Wadley's assessment and added that his horse was finishing surprisingly fast from the rear of the field and in the excitement, he had a brain fade.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Lowry had admitted the charge, it was deemed to be proved.
sumissionsforpenalty:
Mr McLaughlin stated that Mr Lowry had four previous breaches for excessive use of the whip within the last 12 months.
5 August 2017 - $250
1 September 2017 - $500
28 December 2017 – 6-day suspension
8 March 2018 – 8-day suspension
He said that the JCA Penalty Guide indicated a suspension of between 6 to 8 national days and the Stewards, with regard to Mr Lowry`s poor record, would be looking for an increase from this guideline.
Mr Lowry had no submissions to make on penalty but he requested a deferment of any suspension so he could fulfil engagements at Otago next Friday.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The JCA penalty guide provides for a 6 - 8 national riding day suspension for a 3rd or subsequent breach of this rule. In determining penalty, we have adopted an 8-day starting point as we consider this breach to be mid to high range.
The aggravating factor to consider is Mr Lowry`s poor record under this rule. For this we uplift the penalty 2 days and therefore determine that a 10-day suspension is an appropriate penalty.
In mitigation there are no exceptional circumstances to warrant any discount in this case.
penalty:
The Committee grants a deferment to Mr Lowry’s suspension pursuant to Rule 1106(2).
Accordingly, Mr Lowry’s licence is suspended from the conclusion of racing on 29 June 2018 up to and including racing on 19 July 2018.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr J Lowry - Apprentice Jockey
Otherperson: Mr M Davidson - Stipendiary Steward, Mr D Wadley - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: de3f292f3b4dad47a1d0c95f6f827682
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 104de92d03ee630ffbafed0e26fb206c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/06/2018
meet_title: Canterbury Racing - 23 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: DAnderson
meet_pm1: RMcKenzie
meet_pm2: none
name: Canterbury Racing