Archive Decision

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Canterbury R 16 March 2017 – R 8 – Chair, Mr S Ching

ID: JCA18026

Applicant:
J McLaughlin - Stipendiary Steward

Respondent(s):
C Spittles-Class A Licensed Jockey

Other Person:
Mr M Williamson - Stipendiary Steward

Information Number:
A8127

Hearing Type:
Hearing

New Charge:
Breach of Rule 638(3)(b) (ii) –Excessive use of the whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 16 March 2017

Meet Chair:
SChing

Meet Committee Member 1:
DJackson

Race Date:
2017/03/16

Race Number:
R8

Decision:

As Miss Spittles had admitted the charge it was deemed to be proved.

Penalty:

Miss Spittles was fined the sum of $300.

Facts:

Following the running of Race 6, the Racecourse Hotel & Motor Lodge Rating 75, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Licensed Class A Jockey Miss C Spittles, alleging a breach of Rule 638(3)(b) in that she used her whip in an excessive manner prior to the 200 metres when riding SHE’S PAYBACK.

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;

Miss Spittles had indicated on the Information that the charge was admitted which she confirmed at the hearing. Miss Spittles also acknowledged that she understood the rule she was being charged with.

Mr McLaughlin gave evidence and produced video replays, with the assistance of Stipendiary Steward, Mr M Williamson, which showed Miss Spittles riding SHE’S PAYBACK, who was racing in a 2-wide position and in contention as the field passed the 400m. He pointed out Miss Spittles drawing her whip and using the whip on 6 occasions before going back to the whip rein and pushing for 3 to 4 strides before using the whip on a further 6 occasions just prior to the 200m. Mr Williamson stated that the reason Miss Spittles was being charged was that she had failed to go back to the whip rein with her whip hand for 6 strides as required by the Whip Guidelines prior to the 200m.

Submissions for Penalty:

Mr McLaughlin stated that Miss Spittles had a clear penalty record in regard to the Rule. He also stated that Miss Spittles had admitted the breach at the first opportunity. Mr McLaughlin submitted that the breach was at the low end and that a penalty consistent with similar breaches of this rule be considered as penalty.

Reasons for Penalty:

In determining penalty the Committee adopted the JCA Penalty Guide recommendation of a $500 starting point for a breach of this rule. There were no aggravating factors in this case to warrant an uplift in penalty but there were mitigating factors to consider. We were able to afford a discount of $100 for Miss Spittles clear record and further $100 for her frank admission of the breach. We therefore decided 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: e43eae012ecd70ca55f352c3b446e303


informantnumber: A8127


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Rule 638(3)(b) (ii) –Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 19/03/2017


hearing_title: Canterbury R 16 March 2017 - R 8 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 6, the Racecourse Hotel & Motor Lodge Rating 75, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Licensed Class A Jockey Miss C Spittles, alleging a breach of Rule 638(3)(b) in that she used her whip in an excessive manner prior to the 200 metres when riding SHE’S PAYBACK.

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;

Miss Spittles had indicated on the Information that the charge was admitted which she confirmed at the hearing. Miss Spittles also acknowledged that she understood the rule she was being charged with.

Mr McLaughlin gave evidence and produced video replays, with the assistance of Stipendiary Steward, Mr M Williamson, which showed Miss Spittles riding SHE’S PAYBACK, who was racing in a 2-wide position and in contention as the field passed the 400m. He pointed out Miss Spittles drawing her whip and using the whip on 6 occasions before going back to the whip rein and pushing for 3 to 4 strides before using the whip on a further 6 occasions just prior to the 200m. Mr Williamson stated that the reason Miss Spittles was being charged was that she had failed to go back to the whip rein with her whip hand for 6 strides as required by the Whip Guidelines prior to the 200m.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss Spittles had admitted the charge it was deemed to be proved.


sumissionsforpenalty:

Mr McLaughlin stated that Miss Spittles had a clear penalty record in regard to the Rule. He also stated that Miss Spittles had admitted the breach at the first opportunity. Mr McLaughlin submitted that the breach was at the low end and that a penalty consistent with similar breaches of this rule be considered as penalty.


reasonsforpenalty:

In determining penalty the Committee adopted the JCA Penalty Guide recommendation of a $500 starting point for a breach of this rule. There were no aggravating factors in this case to warrant an uplift in penalty but there were mitigating factors to consider. We were able to afford a discount of $100 for Miss Spittles clear record and further $100 for her frank admission of the breach. We therefore decided that an appropriate penalty was a fine of $300.


penalty:

Miss Spittles was fined the sum of $300.


hearing_type: Hearing


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


Informant: J McLaughlin - Stipendiary Steward


JockeysandTrainer: C Spittles-Class A Licensed Jockey


Otherperson: Mr M Williamson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 557b499033548b4e83ca62cd79b00dbc


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: 3450a2c35b095c9dd39ba9bef6e4fc98


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/03/2017


meet_title: Canterbury Racing - 16 March 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: DJackson


meet_pm2: none


name: Canterbury Racing