Counties RC 6 December 2017 – R 8 – Chair, Mr B Scott
ID: JCA17954
Code:
Thoroughbred
Meet Title:
Counties RC - 6 December 2017
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2017/12/06
Race Number:
R8
Decision:
The charge is admitted and accordingly is upheld.
Penalty:
This Committee imposes a fine of $300.00 on Mr Bayliss.
Facts:
Following the running of the H R FISKEN & SONS 60TH BIRTHDAY 1600 an Information was lodged by Stipendiary Steward Mr A Coles against Class A Rider Mr J Bayliss alleging that Mr Bayliss used his whip excessively prior to the 100 metres mark when riding CHARLES ROAD.
Mr Bayliss was present and he acknowledged that he understood the Rule and that he admitted the breach. He also acknowledged that he was aware of the new Whip Guidelines.
The Guidelines with Respect to Acceptable Use of the Whip that apply from the 1st of August 2017 provide: Without affecting the generality of Rule 638(3)(b) Riders 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 whip up to 5 times after which the rider must cease their use of the whip for a minimum of 5 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 whip is acceptable if used in moderation and not continually.
Senior Stipendiary Steward Mr M Williamson demonstrated the incident by use of the race films. He identified CHARLES ROAD and showed where Mr Bayliss had used his whip 8 times without the required respite.
Mr Bayliss said that he accepted the number of 8 strikes and he also said that he got carried away and he wasn't counting them. He said his horse wanted to be difficult and hang in and he was concentrating on that.
Submissions for Penalty:
Mr Coles said that Mr Bayliss had a clear record under this Rule and that it should be dealt with by way of a fine.
Mr Bayliss had nothing to add.
Reasons for Penalty:
The films show the incident quite clearly and Mr Bayliss has admitted the breach.
The new policy on Whip Penalties agreed to by the RIU and the JCA provides that for a first breach the starting point penalty is a fine of $300.00 and that mitigating features unless exceptional are not to be taken into account. In other words the prescribed fine is the minimum to be imposed by Judicial Committees.
Admission of the breach is clearly not an exceptional circumstance for a charge that is based on the number of strikes with the whip. We therefore do not give any credit for an admission.
The Committee pointed out to Mr Bayliss that the force with which the whip was used could be an aggravating factor and this could give rise to an increase in the starting point penalty but in this case we will not apply an increase.
The Committee also pointed out to Mr Bayliss that a second breach would incur a fine of $500.00 and a third would be a suspension of Licence for 6 to 8 days.
JCA Decision Fields (raw)
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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: dc266312e91387a6a4a3050a450fbb0b
informantnumber: A10106
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 07/12/2017
hearing_title: Counties RC 6 December 2017 - R 8 - Chair, Mr B Scott
charge:
facts:
Following the running of the H R FISKEN & SONS 60TH BIRTHDAY 1600 an Information was lodged by Stipendiary Steward Mr A Coles against Class A Rider Mr J Bayliss alleging that Mr Bayliss used his whip excessively prior to the 100 metres mark when riding CHARLES ROAD.
Mr Bayliss was present and he acknowledged that he understood the Rule and that he admitted the breach. He also acknowledged that he was aware of the new Whip Guidelines.
The Guidelines with Respect to Acceptable Use of the Whip that apply from the 1st of August 2017 provide: Without affecting the generality of Rule 638(3)(b) Riders 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 whip up to 5 times after which the rider must cease their use of the whip for a minimum of 5 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 whip is acceptable if used in moderation and not continually.
Senior Stipendiary Steward Mr M Williamson demonstrated the incident by use of the race films. He identified CHARLES ROAD and showed where Mr Bayliss had used his whip 8 times without the required respite.
Mr Bayliss said that he accepted the number of 8 strikes and he also said that he got carried away and he wasn't counting them. He said his horse wanted to be difficult and hang in and he was concentrating on that.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge is admitted and accordingly is upheld.
sumissionsforpenalty:
Mr Coles said that Mr Bayliss had a clear record under this Rule and that it should be dealt with by way of a fine.
Mr Bayliss had nothing to add.
reasonsforpenalty:
The films show the incident quite clearly and Mr Bayliss has admitted the breach.
The new policy on Whip Penalties agreed to by the RIU and the JCA provides that for a first breach the starting point penalty is a fine of $300.00 and that mitigating features unless exceptional are not to be taken into account. In other words the prescribed fine is the minimum to be imposed by Judicial Committees.
Admission of the breach is clearly not an exceptional circumstance for a charge that is based on the number of strikes with the whip. We therefore do not give any credit for an admission.
The Committee pointed out to Mr Bayliss that the force with which the whip was used could be an aggravating factor and this could give rise to an increase in the starting point penalty but in this case we will not apply an increase.
The Committee also pointed out to Mr Bayliss that a second breach would incur a fine of $500.00 and a third would be a suspension of Licence for 6 to 8 days.
penalty:
This Committee imposes a fine of $300.00 on Mr Bayliss.
hearing_type: Hearing
Rules: Rule 638(3)(b)(ii)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr J Bayliss - Class A Rider
Otherperson: Mr M Williamson - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: afe74226326dbc1fff38cc1d3d46cc35
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: feeb60c9029347e136d05afea525b95b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/12/2017
meet_title: Counties RC - 6 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Counties RC