Counties RC 25 July 2020 – R 5 – Chair, G Jones
ID: JCA17307
Code:
Thoroughbred
Meet Title:
Counties RC - 25 July 2020
Meet Chair:
GJones
Race Date:
2020/07/25
Race Number:
R5
Decision:
As Ms Newman admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Ms Newman is fined $300.
Facts:
This charge arises from the running of Race 5, the Counties AGRI 1200. An Information was filed pursuant to Rule 638 (3)(b)(ii) by the Informant, Mr Williamson, alleging that Ms Newman used her whip excessively prior to the 100 metres.
Apprentice rider Ms Newman said that she understood the Rule and confirmed her admission of the breach. She was assisted at the hearing by Northern Riding Mentor Mr N Harris.
Rule 638(3)(b)(ii) provides:
A Rider shall not strike a horse with a whip in a manner or to an extent which is:
(i)-unnecessary, or
(ii)-excessive, or
(iii)-improper
Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:
Flat Races
Prior to the 100-metre mark in a race, official trial or jump out:
(i)-The whip should not be used on more than 5 occasions.
(ii)-The whip should not be used in consecutive strides.
(iii)- The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins.
In the final 100 metres, the whip may be used at the Rider’s discretion.
Notwithstanding the above, it will also be deemed to be unacceptable where a rider uses the drawn whip:
(i)-when a horse is out of contention.
(ii)-when a horse is showing no response.
(iii)-when a horse has no reasonable prospect of improving or losing its position.
(iv)-when a horse is clearly winning.
(v)-after passing the winning post.
(vi)-using the whip with the arm above shoulder height.
(vii)-causing injury to the horse.
Using available race film footage Stipendiary Steward Ms V Algar demonstrated the breach. She identified MONACO (T Newman) racing one off the fence as the field entered the home straight. She said that from the turn to the 100-metre mark Ms Newman struck her mount 8 times prior to the 100 metres.
In response both Ms Newman and Mr Harris said they accepted that she struck her mount 8 times. No further explanation was offered.
Submissions for Penalty:
Mr Williamson submitted that Ms Newman has not breached the whip rule since the revised whip directive came into force on 7 October 2019. He submitted that although the number of strikes was 8, the breach was low end. He submitted that a fine of $300 would be appropriate.
Ms Newman had nothing to add when offered the opportunity to make submissions as to penalty.
Reasons for Penalty:
The JCA Penalty Guide establishes a starting point of a $300 fine for a first breach of this rule. This starting point is inclusive of an admission of the breach and riding record.
The Committee considered all the evidence and submissions and took particular note of the number and frequency of strikes as well as the force used. In that regard we confirmed the number of strikes as 8 and noted that they were neither forceful or continuous. There are no aggravating factors.
Taking all matters into account there are no compelling reasons to deviate from the recommended starting point and a fine of $300 is imposed.
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: f6ccff50cf639a21ba0aa12b6013ac4d
informantnumber: A13377
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 26/07/2020
hearing_title: Counties RC 25 July 2020 – R 5 – Chair, G Jones
charge:
facts:
This charge arises from the running of Race 5, the Counties AGRI 1200. An Information was filed pursuant to Rule 638 (3)(b)(ii) by the Informant, Mr Williamson, alleging that Ms Newman used her whip excessively prior to the 100 metres.
Apprentice rider Ms Newman said that she understood the Rule and confirmed her admission of the breach. She was assisted at the hearing by Northern Riding Mentor Mr N Harris.
Rule 638(3)(b)(ii) provides:
A Rider shall not strike a horse with a whip in a manner or to an extent which is:
(i)-unnecessary, or
(ii)-excessive, or
(iii)-improper
Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:
Flat Races
Prior to the 100-metre mark in a race, official trial or jump out:
(i)-The whip should not be used on more than 5 occasions.
(ii)-The whip should not be used in consecutive strides.
(iii)- The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins.
In the final 100 metres, the whip may be used at the Rider’s discretion.
Notwithstanding the above, it will also be deemed to be unacceptable where a rider uses the drawn whip:
(i)-when a horse is out of contention.
(ii)-when a horse is showing no response.
(iii)-when a horse has no reasonable prospect of improving or losing its position.
(iv)-when a horse is clearly winning.
(v)-after passing the winning post.
(vi)-using the whip with the arm above shoulder height.
(vii)-causing injury to the horse.
Using available race film footage Stipendiary Steward Ms V Algar demonstrated the breach. She identified MONACO (T Newman) racing one off the fence as the field entered the home straight. She said that from the turn to the 100-metre mark Ms Newman struck her mount 8 times prior to the 100 metres.
In response both Ms Newman and Mr Harris said they accepted that she struck her mount 8 times. No further explanation was offered.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Newman admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson submitted that Ms Newman has not breached the whip rule since the revised whip directive came into force on 7 October 2019. He submitted that although the number of strikes was 8, the breach was low end. He submitted that a fine of $300 would be appropriate.
Ms Newman had nothing to add when offered the opportunity to make submissions as to penalty.
reasonsforpenalty:
The JCA Penalty Guide establishes a starting point of a $300 fine for a first breach of this rule. This starting point is inclusive of an admission of the breach and riding record.
The Committee considered all the evidence and submissions and took particular note of the number and frequency of strikes as well as the force used. In that regard we confirmed the number of strikes as 8 and noted that they were neither forceful or continuous. There are no aggravating factors.
Taking all matters into account there are no compelling reasons to deviate from the recommended starting point and a fine of $300 is imposed.
penalty:
Accordingly, Ms Newman is fined $300.
hearing_type: Hearing
Rules: 638 (3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Ms T Newman – Class B Rider of MONACO
Otherperson: Mr N Harris – Northern Riding Mentor Ms V Algar – Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: dc541c8fae4876e436ad1b1c58d3315c
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: 8e65683f154edd93adbcc780e1ff5365
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/07/2020
meet_title: Counties RC - 25 July 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: none
meet_pm2: none
name: Counties RC