Counties RC 23 November 2019 – R 2 – Chair, Mr A Dooley
ID: JCA15389
Code:
Thoroughbred
Meet Title:
Counties RC - 23 November 2019
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2019/11/23
Race Number:
R 2
Decision:
As Mr Bosson admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Bosson was fined $500.
Facts:
Following the running of race 2, Franklin Long Roofing 1600, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Bosson used his whip excessively prior to the 100 metres when riding MAGNUM.
Mr Bosson said that he understood the Rule and confirmed he admitted the breach.
Rule 638(3)(b)(ii) provides: A Rider shall not strike a horse with a whip in a manner or to an extent which is: excessive.
Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:
Prior to the 100-metre mark in a race, official trial or jump out:
(i) The whip should not be used on more than 5 occasions.
(ii) The whip should not be used in consecutive strides.
Mr Jones demonstrated the incident using the available video footage. He identified Mr Bosson and showed that he struck his mount 8 times prior to the 100 metres. He said the whip was used for 2 consecutive strides on 3 separate occasions which was also a breach of the Whip Guidelines.
Mr Bosson said that he accepted Mr Jones’ interpretation of the incident.
Submissions for Penalty:
Mr Williamson said that Mr Bosson had a clear record under this Rule since the new Whip Guidelines were effective on 7 October 2019. He submitted that Mr Bosson had breached both the excessive use of the whip and for consecutive strides. He said the higher of the two penalties was a $300 fine which was appropriate.
Mr Bosson accepted that a momentary penalty would be imposed.
Reasons for Penalty:
The Committee considered all the evidence and submissions presented.
The new JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine which was adopted. This fine includes admission of the breach and a clear record.
The Committee notes that MAGNUM won the race by a nose and in addition Mr Bosson used his whip excessively and on consecutive strides. These combined aggravating factors warranted a $200 uplift in penalty.
The strikes were not forceful.
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: 8c7985a3cf4753dd42ef1f57f9865e64
informantnumber: A11344
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 24/11/2019
hearing_title: Counties RC 23 November 2019 - R 2 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 2, Franklin Long Roofing 1600, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Bosson used his whip excessively prior to the 100 metres when riding MAGNUM.
Mr Bosson said that he understood the Rule and confirmed he admitted the breach.
Rule 638(3)(b)(ii) provides: A Rider shall not strike a horse with a whip in a manner or to an extent which is: excessive.
Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:
Prior to the 100-metre mark in a race, official trial or jump out:
(i) The whip should not be used on more than 5 occasions.
(ii) The whip should not be used in consecutive strides.
Mr Jones demonstrated the incident using the available video footage. He identified Mr Bosson and showed that he struck his mount 8 times prior to the 100 metres. He said the whip was used for 2 consecutive strides on 3 separate occasions which was also a breach of the Whip Guidelines.
Mr Bosson said that he accepted Mr Jones’ interpretation of the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bosson admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson said that Mr Bosson had a clear record under this Rule since the new Whip Guidelines were effective on 7 October 2019. He submitted that Mr Bosson had breached both the excessive use of the whip and for consecutive strides. He said the higher of the two penalties was a $300 fine which was appropriate.
Mr Bosson accepted that a momentary penalty would be imposed.
reasonsforpenalty:
The Committee considered all the evidence and submissions presented.
The new JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine which was adopted. This fine includes admission of the breach and a clear record.
The Committee notes that MAGNUM won the race by a nose and in addition Mr Bosson used his whip excessively and on consecutive strides. These combined aggravating factors warranted a $200 uplift in penalty.
The strikes were not forceful.
penalty:
Accordingly, Mr Bosson was fined $500.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr O Bosson - Class A Rider
Otherperson: Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e694f5125c15710fc821dad0abc846ac
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 611e30ef84661d20381989288243bf7e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/11/2019
meet_title: Counties RC - 23 November 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Counties RC