Archive Decision

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Canterbury R 20 September 2014 – R 3

ID: JCA17253

Applicant:
M R Davidson, Stipendiary Steward

Respondent(s):
J Chong, Licensed Apprentice Jockey (Class B)

Other Person:
W Harnett, Apprentice Jockey Mentor

Information Number:
A5726

Hearing Type:
Hearing

New Charge:
Excessive Use of Whip

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 20 September 2014

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2014/09/20

Race Number:
R3

Decision:

Mr Chong having admitted the breach, the charge was found proved. 

Penalty:

Mr Chong was fined the sum of $200. 

Facts:

Following the running of Race 3, Stallion Tender Options Still Available Two-Year-Old, an information was filed by Stipendiary Steward, Mr M R Davidson, against Licensed Apprentice Jockey (Class B), Mr J Chong, alleging that Mr Chong, as the rider of CENT HIGH in the race, “used his whip excessively prior to the 200 metres”.

Mr Chong was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Apprentice Jockey Mentor, Mr Willy Harnett.

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 unnecessary, excessive or improper.

Mr Davidson had Stipendiary Steward, Mr S P Renault, show video replays of the final 300 metres of the race. He pointed out Mr Chong, riding CENT HIGH, 3-wide of the three runners as the field approached the entrance to the home straight. Mr Renault said that the Stewards were alleging that, shortly after entering the straight, Mr Chong commenced using his whip and thereafter struck the horse with the whip on some 10 occasions prior to the 200 metres. His whip use was excessive in terms of the Guidelines, Mr Renault said.

Mr Davidson said that it was purely the number of strikes that had resulted in Mr Chong’s being charged. Mr Chong did not dispute that he had used his whip ten times.

Mr Harnett submitted that Mr Chong had used his whip only in a backhand manner and, although he had gone “over the limit”, he had not struck the horse hard. He had made a mistake which he had admitted. He submitted that Mr Chong did not earn a lot of money, having been an apprentice for six years.

Submissions for Penalty:

Mr Davidson said that this was Mr Chong’s first breach of the whip Rule in the six years that Mr Chong had been an apprentice. The excessive use was the ten strikes when the Guidelines state six. The breach could be dealt with by way of a fine, Mr Davidson submitted, of around $200 having regard to Mr Chong’s good record and the fact that he is an Apprentice Jockey. Mr Davidson said that Mr Chong had a very good record. In response to a question from the Committee, Mr Davidson said the breach was, in his opinion, in the low to mid range of seriousness. He accepted that Mr Chong was not hitting the horse hard but, he pointed out, it was a two-year-old.  

Reasons for Penalty:

The Penalty Guide recommends a starting point of a fine of $300 for a first breach of the Rule. In arriving at penalty, the Committee took into account, as mitigating factors, Mr Chong’s very frank admission of the breach and his very good record under the Rule. It also took into account that Mr Chong was an apprentice jockey. There were no real aggravating factors.

In giving Mr Chong credit for the mitigating factors referred to, the Committee was able to give a discount from the starting point of a $300 fine. In all of the circumstances of the case, the Committee was of the view that a fine of $200 was an appropriate penalty. 

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: f0ac49415993139e7b095ee9a194f14e


informantnumber: A5726


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of Whip


plea: admitted


penaltyrequired: 1


decisiondate: 19/09/2014


hearing_title: Canterbury R 20 September 2014 - R 3


charge:


facts:

Following the running of Race 3, Stallion Tender Options Still Available Two-Year-Old, an information was filed by Stipendiary Steward, Mr M R Davidson, against Licensed Apprentice Jockey (Class B), Mr J Chong, alleging that Mr Chong, as the rider of CENT HIGH in the race, “used his whip excessively prior to the 200 metres”.

Mr Chong was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Apprentice Jockey Mentor, Mr Willy Harnett.

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 unnecessary, excessive or improper.

Mr Davidson had Stipendiary Steward, Mr S P Renault, show video replays of the final 300 metres of the race. He pointed out Mr Chong, riding CENT HIGH, 3-wide of the three runners as the field approached the entrance to the home straight. Mr Renault said that the Stewards were alleging that, shortly after entering the straight, Mr Chong commenced using his whip and thereafter struck the horse with the whip on some 10 occasions prior to the 200 metres. His whip use was excessive in terms of the Guidelines, Mr Renault said.

Mr Davidson said that it was purely the number of strikes that had resulted in Mr Chong’s being charged. Mr Chong did not dispute that he had used his whip ten times.

Mr Harnett submitted that Mr Chong had used his whip only in a backhand manner and, although he had gone “over the limit”, he had not struck the horse hard. He had made a mistake which he had admitted. He submitted that Mr Chong did not earn a lot of money, having been an apprentice for six years.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Chong having admitted the breach, the charge was found proved. 


sumissionsforpenalty:

Mr Davidson said that this was Mr Chong’s first breach of the whip Rule in the six years that Mr Chong had been an apprentice. The excessive use was the ten strikes when the Guidelines state six. The breach could be dealt with by way of a fine, Mr Davidson submitted, of around $200 having regard to Mr Chong’s good record and the fact that he is an Apprentice Jockey. Mr Davidson said that Mr Chong had a very good record. In response to a question from the Committee, Mr Davidson said the breach was, in his opinion, in the low to mid range of seriousness. He accepted that Mr Chong was not hitting the horse hard but, he pointed out, it was a two-year-old.  


reasonsforpenalty:

The Penalty Guide recommends a starting point of a fine of $300 for a first breach of the Rule. In arriving at penalty, the Committee took into account, as mitigating factors, Mr Chong’s very frank admission of the breach and his very good record under the Rule. It also took into account that Mr Chong was an apprentice jockey. There were no real aggravating factors.

In giving Mr Chong credit for the mitigating factors referred to, the Committee was able to give a discount from the starting point of a $300 fine. In all of the circumstances of the case, the Committee was of the view that a fine of $200 was an appropriate penalty. 


penalty:

Mr Chong was fined the sum of $200. 


hearing_type: Hearing


Rules: 638(3)(b)


Informant: M R Davidson, Stipendiary Steward


JockeysandTrainer: J Chong, Licensed Apprentice Jockey (Class B)


Otherperson: W Harnett, Apprentice Jockey Mentor


PersonPresent:


Respondent:


StipendSteward:


raceid: fafc4479ebf94dca8bef9c2f6e329354


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4f3aaf8e14c99a77a19694965fe6b71e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/09/2014


meet_title: Canterbury Racing - 20 September 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Canterbury Racing