Canterbury JC 9 September 2017 – R 5 – Chair, Mr R McKenzie
ID: JCA14870
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 9 September 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2017/09/09
Race Number:
R5
Decision:
Mr McNab having admitted the breach, the charge was found proved.
Penalty:
Mr McNab was fined the sum of $300.
Facts:
Following the running of Race 5, Shearers, More Than Moving Earth Three-Year-Old, an information was filed by Stipendiary Steward, Mr M R Davidson, against Licensed Jockey (Class A), Mr M J McNab, alleging that Mr McNab as the rider of AGE OF FIRE in the race, had used his whip excessively prior to the 100 metres.
Mr McNab had signed the Statement by the Respondent on the information form indicating that he admitted the charge. He had also indicated that he did not wish to be present at the hearing of the information.
Rule 638 provides as follows:
(3) A Rider shall not:
b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provide as follows:
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 M R Davidson, Stipendiary Steward, showed a video replay of the final 300-400 metres of the race. He pointed out AGE OF FIRE, ridden by Mr McNab, disputing the lead as the field passed the 200 metres. Initially riding hands and heels, Mr McNab then commenced using his whip and, Mr Davidson submitted, he struck the horse with the whip on 10 occasions prior to the 100 metres without going back to the reins.
Submissions for Penalty:
Mr Davidson informed the Committee that there was no breach of the Rule on Mr McNab’s record in the last 12 months. However, Mr McNab’s whip use on this occasion was well outside of the new whip guidelines. He submitted that a fine of around $300 would be appropriate and consistent with other fines for breaches of the Rule since 1st August.
Reasons for Penalty:
In determining penalty, the Committee had regard to the Penalty Guide starting point of a $300 fine for a first breach of the Rule. There were no aggravating factors warranting an uplift in that starting point, the Committee viewing the breach as being no worse than mid-range. Mitigating factors were Mr McNab’s previous good record and his frank admission of the breach. However, those factors were unexceptional and no discount was given for them.
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: 85d9bf2b788ae9ac778732258743d977
informantnumber: A09516
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 12/09/2017
hearing_title: Canterbury JC 9 September 2017 - R 5 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Shearers, More Than Moving Earth Three-Year-Old, an information was filed by Stipendiary Steward, Mr M R Davidson, against Licensed Jockey (Class A), Mr M J McNab, alleging that Mr McNab as the rider of AGE OF FIRE in the race, had used his whip excessively prior to the 100 metres.
Mr McNab had signed the Statement by the Respondent on the information form indicating that he admitted the charge. He had also indicated that he did not wish to be present at the hearing of the information.
Rule 638 provides as follows:
(3) A Rider shall not:
b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provide as follows:
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 M R Davidson, Stipendiary Steward, showed a video replay of the final 300-400 metres of the race. He pointed out AGE OF FIRE, ridden by Mr McNab, disputing the lead as the field passed the 200 metres. Initially riding hands and heels, Mr McNab then commenced using his whip and, Mr Davidson submitted, he struck the horse with the whip on 10 occasions prior to the 100 metres without going back to the reins.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr McNab having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Davidson informed the Committee that there was no breach of the Rule on Mr McNab’s record in the last 12 months. However, Mr McNab’s whip use on this occasion was well outside of the new whip guidelines. He submitted that a fine of around $300 would be appropriate and consistent with other fines for breaches of the Rule since 1st August.
reasonsforpenalty:
In determining penalty, the Committee had regard to the Penalty Guide starting point of a $300 fine for a first breach of the Rule. There were no aggravating factors warranting an uplift in that starting point, the Committee viewing the breach as being no worse than mid-range. Mitigating factors were Mr McNab’s previous good record and his frank admission of the breach. However, those factors were unexceptional and no discount was given for them.
penalty:
Mr McNab was fined the sum of $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: M R Davidson, Stipendiary Steward
JockeysandTrainer: M J McNab, Licensed Jockey (Class A)
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3c366d2124a28a458d28ca142785b54d
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: 437b31921f820c1c6ad38701884f5f4a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/09/2017
meet_title: Canterbury Racing - 9 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Canterbury Racing