Counties RC 8 April 2018 – R 5 – Chair, Mr A Smith
ID: JCA13844
Code:
Thoroughbred
Meet Title:
Counties RC - 8 April 2018
Meet Chair:
ASmith
Meet Committee Member 1:
ADooley
Race Date:
2018/04/08
Race Number:
R 5
Decision:
As Mr Danis admitted the breach, the Committee found the charge proved.
Penalty:
Mr Danis was fined $300.
Facts:
Following the running of race 5, Mount Shop 1400, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged excessive use of the whip by Mr Danis on the horse INCOGNITO prior to the 100 metres.
Mr Danis acknowledged that he understood the Rule and confirmed his admission of the breach.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provides:
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 Jones demonstrated the incident using the available video footage. He identified Mr Danis and showed that prior to the 100 metres Mr Danis struck his mount 10 times, without the required respite. Mr Jones said Mr Danis did show some respite for 3 – 4 strides but not the required 5 strides as per the guidelines.
Mr Danis said it was clear on the film he struck the horse 10 times and that is why he admitted the breach.
Mr Harris said that Mr Danis had recently resumed race riding after a long lay - off, and he thought that the horse had enough.
Submissions for Penalty:
Mr Williamson said that Mr Danis had no previous breach of the rule since the introduction of the new guidelines on the 1st of August 2017. He submitted that while the horse was not in contention late in the race, he felt that the breach was at the low level which should attract a low end fine and he did show respite for a good 3 strides when using the whip.
Mr Harris on behalf of Mr Danis requested that the committee show some leniency.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The starting point for a 1st breach of this Rule is a $300 fine with the expectation that no reduction in penalty is applied unless the mitigating matters are exceptional.
There were no aggravating factors.
The mitigating factors were the admission of the breach and Mr Danis' good record.
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: 766b76c6c2601811814dd46a70c03459
informantnumber: A10379
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip prior to the 100m
plea: admitted
penaltyrequired: 1
decisiondate: 09/04/2018
hearing_title: Counties RC 8 April 2018 - R 5 - Chair, Mr A Smith
charge:
facts:
Following the running of race 5, Mount Shop 1400, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged excessive use of the whip by Mr Danis on the horse INCOGNITO prior to the 100 metres.
Mr Danis acknowledged that he understood the Rule and confirmed his admission of the breach.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provides:
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 Jones demonstrated the incident using the available video footage. He identified Mr Danis and showed that prior to the 100 metres Mr Danis struck his mount 10 times, without the required respite. Mr Jones said Mr Danis did show some respite for 3 – 4 strides but not the required 5 strides as per the guidelines.
Mr Danis said it was clear on the film he struck the horse 10 times and that is why he admitted the breach.
Mr Harris said that Mr Danis had recently resumed race riding after a long lay - off, and he thought that the horse had enough.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Danis admitted the breach, the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson said that Mr Danis had no previous breach of the rule since the introduction of the new guidelines on the 1st of August 2017. He submitted that while the horse was not in contention late in the race, he felt that the breach was at the low level which should attract a low end fine and he did show respite for a good 3 strides when using the whip.
Mr Harris on behalf of Mr Danis requested that the committee show some leniency.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The starting point for a 1st breach of this Rule is a $300 fine with the expectation that no reduction in penalty is applied unless the mitigating matters are exceptional.
There were no aggravating factors.
The mitigating factors were the admission of the breach and Mr Danis' good record.
penalty:
Mr Danis was fined $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Stipendiary Steward
JockeysandTrainer: Mr D Danis - Apprentice Jockey
Otherperson: Mr B Jones - Stipendiary Steward, Mr N Harris - Apprentice Jockey Mentor, assisting Mr Danis
PersonPresent:
Respondent:
StipendSteward:
raceid: 7a995d65730a8c4ce87b018ba4a09fca
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 08953aa68478e8f72be36ab5cb295079
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/04/2018
meet_title: Counties RC - 8 April 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: ASmith
meet_pm1: ADooley
meet_pm2: none
name: Counties RC