Canterbury R 13 April 2019 – R 5 – Chair, Mr S Ching
ID: JCA17065
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 13 April 2019
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2019/04/13
Race Number:
R5
Decision:
Miss Wynne having admitted the breach; the charge was found proved.
Penalty:
Accordingly, Miss Wynne is fined the sum of $400.
Facts:
Following the running of Race 5, the Norwood Farm Machinery Rating 72, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Jockey (Class A), Miss S Wynne, alleging that, as the rider of NEESON in the race, “used her whip excessively in the home straight.”
Miss Wynne was present at the hearing of the information and confirmed to the hearing that she understood the rule she was being charged with and that she admitted the breach.
Rule 638 provides 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
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
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 final 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 a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
Mr Oatham gave evidence and showed video replays of the final 300 metres of the race. He pointed out Miss Wynne riding NEESON, racing in the lead position as the field approached the 300m. Mr Oatham said that Miss Wynne drew the whip and used it on 5 occasions followed by a 4-stride respite, the next strike being on the 5th stride. He said that Miss Wynne then used the whip on a further 8 occasions without respite prior to the 100m. Of further concern, Mr Oatham stated, was the fact that Miss Wynne had used the whip a total of 30 times in the straight, which the Stewards deemed to be excessive as well.
Miss Wynne stated that she was only just over the limit prior to the 100m.
Submissions for Penalty:
Mr Oatham told the Committee that Miss Wynne’s record was clear in regard to this rule for the previous 12 months. He said that an aggravating factor was the total number of strikes in the straight, being 30. He submitted that an uplift in penalty be considered when assessing penalty for this breach.
Miss Wynne stated that she needed to learn to go a little easier with the whip and not to overdo it.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a $300 fine, mitigation inclusive, for a first breach of this rule within a 12-month period. We agreed with Mr Oatham that the number of strikes was an aggravating factor and warranted an uplift. This uplift we set at $100. The Committee therefore determined that a fine of $400 was appropriate penalty 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: c8e5bd67d2a944aafb1f0849af4dba9a
informantnumber: A5447
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 16/04/2019
hearing_title: Canterbury R 13 April 2019 - R 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Norwood Farm Machinery Rating 72, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Jockey (Class A), Miss S Wynne, alleging that, as the rider of NEESON in the race, “used her whip excessively in the home straight.”
Miss Wynne was present at the hearing of the information and confirmed to the hearing that she understood the rule she was being charged with and that she admitted the breach.
Rule 638 provides 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
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
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 final 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 a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
Mr Oatham gave evidence and showed video replays of the final 300 metres of the race. He pointed out Miss Wynne riding NEESON, racing in the lead position as the field approached the 300m. Mr Oatham said that Miss Wynne drew the whip and used it on 5 occasions followed by a 4-stride respite, the next strike being on the 5th stride. He said that Miss Wynne then used the whip on a further 8 occasions without respite prior to the 100m. Of further concern, Mr Oatham stated, was the fact that Miss Wynne had used the whip a total of 30 times in the straight, which the Stewards deemed to be excessive as well.
Miss Wynne stated that she was only just over the limit prior to the 100m.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Wynne having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Oatham told the Committee that Miss Wynne’s record was clear in regard to this rule for the previous 12 months. He said that an aggravating factor was the total number of strikes in the straight, being 30. He submitted that an uplift in penalty be considered when assessing penalty for this breach.
Miss Wynne stated that she needed to learn to go a little easier with the whip and not to overdo it.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a $300 fine, mitigation inclusive, for a first breach of this rule within a 12-month period. We agreed with Mr Oatham that the number of strikes was an aggravating factor and warranted an uplift. This uplift we set at $100. The Committee therefore determined that a fine of $400 was appropriate penalty in this case.
penalty:
Accordingly, Miss Wynne is fined the sum of $400.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: J Oatham- Chief Stipendiary Steward
JockeysandTrainer: S Wynne-Licensed Jockey (Class A)
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 86aede6067e5f9f20632c30eab959c00
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 89301965bf41413c1fea36c23f828d5d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/04/2019
meet_title: Canterbury Racing - 13 April 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Canterbury Racing