Archive Decision

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Hawkes Bay RI 18 July 2019 – R 7 – Chair, Mrs N Moffatt

ID: JCA17690

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr C Grylls - Class A Rider

Other Person:
Mr M Austin - Stipendiary Steward

Information Number:
A11522

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
Rule 638(3) (b) (ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Hawkes Bay RI - 18 July 2019

Meet Chair:
NMoffatt

Meet Committee Member 1:
TCastles

Race Date:
2019/07/18

Race Number:
R7

Decision:

As Mr Grylls admitted the breach, the charge was deemed proved.

Penalty:

Accordingly, Mr Grylls is fined the sum of $300.

Facts:

Following Race 7, Mr Oatham lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that C Grylls used the whip excessively on his mount “JONNY RUSS” prior to the 100 metres.

Mr Grylls signed the information indicating that he admitted the breach but did not wish to be present at the hearing.

Mr Oatham played the videos from the home turn and counted Mr Grylls using the whip 12 times prior to the 100m mark. The longest pause was for four strides, which placed him just outside the guidelines.

Submissions for Penalty:

Mr Oatham said he had taken Mr Grylls through the films and he agreed that the total number of times he struck his horse was 12. Mr Grylls has a clear record under this rule and the Stewards' submission was for a monetary penalty in line with the Judicial Penalty Guide.

Reasons for Penalty:

The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3) (b) (ii):

1st breach                                     $300
2nd breach                                    $500
3rd or subsequent breach              6-8 national riding days

In determining penalty, the Committee considered all submissions. We took into account that this was Mr Gryll's first charge of excessive use of the whip in at least 12 months. The number of strikes and the pauses between them showed Mr Grylls was close to complying with the guidelines. We therefore categorised it as a low-end breach. There were no aggravating factors requiring an uplift from the starting point.

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: df9e901dbcbb87e9a5a460d2fd173062


informantnumber: A11522


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 21/07/2019


hearing_title: Hawkes Bay RI 18 July 2019 – R 7 - Chair, Mrs N Moffatt


charge:


facts:

Following Race 7, Mr Oatham lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that C Grylls used the whip excessively on his mount “JONNY RUSS” prior to the 100 metres.

Mr Grylls signed the information indicating that he admitted the breach but did not wish to be present at the hearing.

Mr Oatham played the videos from the home turn and counted Mr Grylls using the whip 12 times prior to the 100m mark. The longest pause was for four strides, which placed him just outside the guidelines.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Grylls admitted the breach, the charge was deemed proved.


sumissionsforpenalty:

Mr Oatham said he had taken Mr Grylls through the films and he agreed that the total number of times he struck his horse was 12. Mr Grylls has a clear record under this rule and the Stewards' submission was for a monetary penalty in line with the Judicial Penalty Guide.


reasonsforpenalty:

The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3) (b) (ii):

1st breach                                     $300
2nd breach                                    $500
3rd or subsequent breach              6-8 national riding days

In determining penalty, the Committee considered all submissions. We took into account that this was Mr Gryll's first charge of excessive use of the whip in at least 12 months. The number of strikes and the pauses between them showed Mr Grylls was close to complying with the guidelines. We therefore categorised it as a low-end breach. There were no aggravating factors requiring an uplift from the starting point.


penalty:

Accordingly, Mr Grylls is fined the sum of $300.


hearing_type: Hearing


Rules: Rule 638(3) (b) (ii)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr C Grylls - Class A Rider


Otherperson: Mr M Austin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: f951d354d87e8f7e2f18c509ae19d24e


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: 6fab3fded0588f02e51bdf9fc6eb3203


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/07/2019


meet_title: Hawkes Bay RI - 18 July 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: hawkes-bay-ri


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: TCastles


meet_pm2: none


name: Hawkes Bay RI