Archive Decision

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Canterbury JC 15 November 2017 – R 10 – Chair, Prof G Hall

ID: JCA12771

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Ms S Wynne - Licensed Jockey

Other Person:
Mr J McLaughlin - Stipendiary Steward

Information Number:
A9537

Hearing Type:
Hearing

New Charge:
Excessive use of whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 15 November 2017

Meet Chair:
GHall

Meet Committee Member 1:
SChing

Race Date:
2017/11/15

Race Number:
R 10

Decision:

As Ms Wynne has admitted the breach , it is found to be proved. 

Penalty:

Ms Wynne is suspended for 7 National days. This is from the end of racing on 18 November up to and including 30 November. We have not included Waverley 19 November in this calculation as riders have been declared for this day and Ms Wynne is not riding at that meeting.

Facts:

Mr Oatham alleged a breach of r 638(3)(b)(ii) in that Ms Wynne (BOOTS 'N' ALL) used her whip excessively prior to the 100 metres.

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” provide:
Without affecting the generality of r 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.

Ms Wynne acknowledged that she understood the rule and confirmed her admission of the breach.

Mr Oatham had Mr McLaughlin demonstrate the breach using the videos. He pointed out there were 9 strikes before the 100 metres. There were 3 pushes but not the required pause for 5 strides.

Ms Wynne agreed that this was a fair assessment by the Stewards.

Submissions for Penalty:

Mr Oatham produced the respondent’s record, which evidenced 2 previous breaches of this rule, one on 12 August when she was fined $300 and another very recently on 11 November when she was fined $500. He described the breach as low to mid range and submitted a penalty in the 6 to 8 day range was appropriate.

Ms Wynne did not disagree.

Reasons for Penalty:

New whip guidelines were introduced on 1 August this year and updated penalty guidelines pertaining to whip use came into effect on 1 November.

The updated starting points for breaches of r 638(3)(b)(ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension.

We have regard to the relatively low level nature of the breach, the status of the race (Group 2), and take a starting point of 8 days. We give a one-day discount for the respondent’s admission of the breach and her obvious contrition, but express our concern that this breach has followed so swiftly upon an earlier breach on the first day of this meeting.

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: 56b77e89825813742c2e1fc4c6fa4df7


informantnumber: A9537


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 19/11/2017


hearing_title: Canterbury JC 15 November 2017 - R 10 - Chair, Prof G Hall


charge:


facts:

Mr Oatham alleged a breach of r 638(3)(b)(ii) in that Ms Wynne (BOOTS 'N' ALL) used her whip excessively prior to the 100 metres.

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” provide:
Without affecting the generality of r 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.

Ms Wynne acknowledged that she understood the rule and confirmed her admission of the breach.

Mr Oatham had Mr McLaughlin demonstrate the breach using the videos. He pointed out there were 9 strikes before the 100 metres. There were 3 pushes but not the required pause for 5 strides.

Ms Wynne agreed that this was a fair assessment by the Stewards.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Wynne has admitted the breach , it is found to be proved. 


sumissionsforpenalty:

Mr Oatham produced the respondent’s record, which evidenced 2 previous breaches of this rule, one on 12 August when she was fined $300 and another very recently on 11 November when she was fined $500. He described the breach as low to mid range and submitted a penalty in the 6 to 8 day range was appropriate.

Ms Wynne did not disagree.


reasonsforpenalty:

New whip guidelines were introduced on 1 August this year and updated penalty guidelines pertaining to whip use came into effect on 1 November.

The updated starting points for breaches of r 638(3)(b)(ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension.

We have regard to the relatively low level nature of the breach, the status of the race (Group 2), and take a starting point of 8 days. We give a one-day discount for the respondent’s admission of the breach and her obvious contrition, but express our concern that this breach has followed so swiftly upon an earlier breach on the first day of this meeting.


penalty:

Ms Wynne is suspended for 7 National days. This is from the end of racing on 18 November up to and including 30 November. We have not included Waverley 19 November in this calculation as riders have been declared for this day and Ms Wynne is not riding at that meeting.


hearing_type: Hearing


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


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Ms S Wynne - Licensed Jockey


Otherperson: Mr J McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: fcf2bf588bcb2e09c32d4ca8c619f644


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 02ab581b4c5b59154155aff297ced645


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/11/2017


meet_title: Canterbury Racing - 15 November 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: SChing


meet_pm2: none


name: Canterbury Racing