R Tauranga 18 November 2017 – R 4 – Chair, Mr A Dooley
ID: JCA17463
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 18 November 2017
Meet Chair:
ADooley
Meet Committee Member 1:
ASmith
Race Date:
2017/11/18
Race Number:
R4
Decision:
As Ms Sims admitted the breach the Committee found the charge proved.
Penalty:
The Committee granted a deferment to Ms Sims suspension pursuant to Rule 1106(2).
Accordingly, Ms Sims had her license to ride in races suspended for a period to commence after racing on 25 November and conclude after racing on 3 December 2017 (6 national riding days).
Facts:
Following the running of race 4, Preston Rowe Paterson Property Valuers Handicap, an Information was filed pursuant to Rule 638(3)(b)(ii).The Informant, Mr Williamson, alleged that Ms Sims used her whip excessively on MR KNOWITALL prior to the 100 metres.
Ms Sims acknowledged that she understood the Rule and confirmed her admission of the breach. Mr Harris assisted Ms Sims at the hearing.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” effective 1 August 2017 provides:
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 Coles demonstrated the incident using the available video footage. He identified Ms Sims and showed that she struck her mount 8 times prior to the 100 metres. He said that Ms Sims has 2 breaks of 3 to 4 strides but not for the minimum 5 strides. He said the strikes were not aggressive.
Ms Sims accepted Mr Coles’ interpretation of the incident and said that it was difficult for apprentice riders because they had to be seen to be doing their best when given opportunities.
Mr Harris said that Ms Sims was pausing for 3 or 4 strides but not for the minimum 5 strides and the breach was low end.
Submissions for Penalty:
Mr Williamson said that Ms Sims had 2 previous breaches of this Rule since 1 August 2017.
6/9/2017 - $300 fine
11/11/2017 - $500 fine
Mr Williamson said that Ms Sims was in an unfortunate position and it was clear that she was upset with herself. He submitted a suspension in line with the JCA Penalty Guide would be appropriate.
Ms Sims advised that she had commitments at Countries RC on 25 November and sought a deferment to any proposed suspension.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
New whip guidelines were introduced on 1st August 2017 and an updated JCA Penalty Guide relating to excessive whip use came into effect on 1st November 2017.
The updated starting points for breaches of Rule 638(3) (b) (ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension.
The Committee adopted 6 national riding days as the starting point.
There were no aggravating factors.
The mitigating factors were Ms Sims’ admission of the breach, the total number of strikes (8) was low and the severity of strikes was low.
It is important to note the expectation is that any mitigating matters unless exceptional are not to be addressed. For that reason, no reduction in penalty was applied.
MR KNOWITALL finished in 3rd place.
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: e6bbdfd0eb128fc0ed75c5dc4d0a8d45
informantnumber: A9489
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 19/11/2017
hearing_title: R Tauranga 18 November 2017 - R 4 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 4, Preston Rowe Paterson Property Valuers Handicap, an Information was filed pursuant to Rule 638(3)(b)(ii).The Informant, Mr Williamson, alleged that Ms Sims used her whip excessively on MR KNOWITALL prior to the 100 metres.
Ms Sims acknowledged that she understood the Rule and confirmed her admission of the breach. Mr Harris assisted Ms Sims at the hearing.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” effective 1 August 2017 provides:
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 Coles demonstrated the incident using the available video footage. He identified Ms Sims and showed that she struck her mount 8 times prior to the 100 metres. He said that Ms Sims has 2 breaks of 3 to 4 strides but not for the minimum 5 strides. He said the strikes were not aggressive.
Ms Sims accepted Mr Coles’ interpretation of the incident and said that it was difficult for apprentice riders because they had to be seen to be doing their best when given opportunities.
Mr Harris said that Ms Sims was pausing for 3 or 4 strides but not for the minimum 5 strides and the breach was low end.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Sims admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson said that Ms Sims had 2 previous breaches of this Rule since 1 August 2017.
6/9/2017 - $300 fine
11/11/2017 - $500 fine
Mr Williamson said that Ms Sims was in an unfortunate position and it was clear that she was upset with herself. He submitted a suspension in line with the JCA Penalty Guide would be appropriate.
Ms Sims advised that she had commitments at Countries RC on 25 November and sought a deferment to any proposed suspension.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
New whip guidelines were introduced on 1st August 2017 and an updated JCA Penalty Guide relating to excessive whip use came into effect on 1st November 2017.
The updated starting points for breaches of Rule 638(3) (b) (ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension.
The Committee adopted 6 national riding days as the starting point.
There were no aggravating factors.
The mitigating factors were Ms Sims’ admission of the breach, the total number of strikes (8) was low and the severity of strikes was low.
It is important to note the expectation is that any mitigating matters unless exceptional are not to be addressed. For that reason, no reduction in penalty was applied.
MR KNOWITALL finished in 3rd place.
penalty:
The Committee granted a deferment to Ms Sims suspension pursuant to Rule 1106(2).
Accordingly, Ms Sims had her license to ride in races suspended for a period to commence after racing on 25 November and conclude after racing on 3 December 2017 (6 national riding days).
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Ms A Sims - Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Ms Sims, Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 22145ffa98f31d06b4f33b30ebe81732
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 558b1267889273e3659ab744c64fa921
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/11/2017
meet_title: Racing Tauranga - 18 November 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-tauranga
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: ASmith
meet_pm2: none
name: Racing Tauranga