Ashburton RC 10 May 2017 – R 8 – Chair, Mr S Ching
ID: JCA14357
Code:
Thoroughbred
Meet Title:
Ashburton RC - 10 May 2017
Meet Chair:
SChing
Race Date:
2017/05/10
Race Number:
R8
Decision:
As Miss Wynne had admitted the charge it was deemed to be proved.
Penalty:
Miss Wynne was fined the sum of $300.
Facts:
Following the running of Race 8, the NZB Insurance Pearl Series Race 1600m, an Information was filed by Stipendiary Steward Mr M Davidson against Class A Licensed Jockey Miss S Wynne, alleging a breach of Rule 638(3)(b) in that she used her whip in an excessive manner prior to the 200m.
Rule 638(3)(b) reads as follows:
“(3) A rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
GUIDELINES WITH RESPECT TO ACCEPTABLE USE OF THE WHIP are as follows;
That once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres. From this point on a rider may use the drawn whip continuously to the winning post, if the horse is holding its position or improving. If at any other stage of the race the drawn whip is used it will be deemed acceptable if it is used in moderation and not continually.
Any rider who uses the whip outside these guidelines could be charged with excessive use of the whip pursuant to Rule 638(3)(b) of the New Zealand Rules of Racing. Excessive simply means ‘too much’ and should not be confused with ‘unduly punished.’ Hence, a horse does not need to be marked for an excessive charge to be preferred.
Miss Wynne had indicated on the Information that the charge was admitted which she confirmed at the hearing. Miss Wynne also confirmed that she understood the rule she was being charged with.
Mr Davidson gave evidence and produced video replays with the assistance of Stipendiary Steward, Mr N McIntyre, which showed Miss Wynne, riding MADAME LIBRE, who was racing in the lead as the field entered the final straight. He pointed out Miss Wynne drawing her whip and using the whip on 4 occasions before going back to the whip rein and pushing for 3 strides before drawing the whip again and using the whip on 3 further occasions. Miss Wynne, he said, then pushed for a further 3 strides before using the whip again on 4 to 5 occasions prior to the 200m.
Mr Davidson stated that the reason Miss Wynne was being charged was that she had failed to go back to the whip rein with her whip hand and push for 6 strides after using the whip as required by the Whip Guidelines prior to the 200m.
Miss Wynne said she was riding competitively over the final stages and admitted that she had got her whip action wrong.
Submissions for Penalty:
Mr Davidson stated that Miss Wynne had a clear penalty record in regard to the Rule. He also stated that Miss Wynne had admitted the breach at the first opportunity. Mr Davidson submitted that the breach was at a low level and that a fine consistent with penalties of similar breaches be considered as penalty.
Miss Wynne requested a minimal fine.
Reasons for Penalty:
In determining penalty the Committee adopted the JCA Penalty Guide recommendation of a starting point of a $500 fine. There were no aggravating factors in this case to warrant an uplift in penalty, only mitigating factors to consider. We were able to afford a discount of $100 for Miss Wynne’s clear record and a further $100 for her frank admission of the breach. We therefore determined that an appropriate penalty was a fine of $300.
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: 7a214061d266cf8d156ff227670db0c0
informantnumber: A8613
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 638(3)(b) –Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 11/05/2017
hearing_title: Ashburton RC 10 May 2017 - R 8 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, the NZB Insurance Pearl Series Race 1600m, an Information was filed by Stipendiary Steward Mr M Davidson against Class A Licensed Jockey Miss S Wynne, alleging a breach of Rule 638(3)(b) in that she used her whip in an excessive manner prior to the 200m.
Rule 638(3)(b) reads as follows:
“(3) A rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
GUIDELINES WITH RESPECT TO ACCEPTABLE USE OF THE WHIP are as follows;
That once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres. From this point on a rider may use the drawn whip continuously to the winning post, if the horse is holding its position or improving. If at any other stage of the race the drawn whip is used it will be deemed acceptable if it is used in moderation and not continually.
Any rider who uses the whip outside these guidelines could be charged with excessive use of the whip pursuant to Rule 638(3)(b) of the New Zealand Rules of Racing. Excessive simply means ‘too much’ and should not be confused with ‘unduly punished.’ Hence, a horse does not need to be marked for an excessive charge to be preferred.
Miss Wynne had indicated on the Information that the charge was admitted which she confirmed at the hearing. Miss Wynne also confirmed that she understood the rule she was being charged with.
Mr Davidson gave evidence and produced video replays with the assistance of Stipendiary Steward, Mr N McIntyre, which showed Miss Wynne, riding MADAME LIBRE, who was racing in the lead as the field entered the final straight. He pointed out Miss Wynne drawing her whip and using the whip on 4 occasions before going back to the whip rein and pushing for 3 strides before drawing the whip again and using the whip on 3 further occasions. Miss Wynne, he said, then pushed for a further 3 strides before using the whip again on 4 to 5 occasions prior to the 200m.
Mr Davidson stated that the reason Miss Wynne was being charged was that she had failed to go back to the whip rein with her whip hand and push for 6 strides after using the whip as required by the Whip Guidelines prior to the 200m.
Miss Wynne said she was riding competitively over the final stages and admitted that she had got her whip action wrong.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss Wynne had admitted the charge it was deemed to be proved.
sumissionsforpenalty:
Mr Davidson stated that Miss Wynne had a clear penalty record in regard to the Rule. He also stated that Miss Wynne had admitted the breach at the first opportunity. Mr Davidson submitted that the breach was at a low level and that a fine consistent with penalties of similar breaches be considered as penalty.
Miss Wynne requested a minimal fine.
reasonsforpenalty:
In determining penalty the Committee adopted the JCA Penalty Guide recommendation of a starting point of a $500 fine. There were no aggravating factors in this case to warrant an uplift in penalty, only mitigating factors to consider. We were able to afford a discount of $100 for Miss Wynne’s clear record and a further $100 for her frank admission of the breach. We therefore determined that an appropriate penalty was a fine of $300.
penalty:
Miss Wynne was fined the sum of $300.
hearing_type: Hearing
Rules: 638(3)(b) (ii)
Informant: M Davidson-Stipendiary Steward
JockeysandTrainer: S Wynne-Class A Licensed Jockey
Otherperson: Mr N McIntyre - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 2b5ddcd3cf39c648a908861805759783
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 472e223cba08c018937a285fe8ff3482
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/05/2017
meet_title: Ashburton RC - 10 May 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Ashburton RC