Feilding JC 4 November 2017 – R 9 – Chair, Mrs N Moffatt
ID: JCA17833
Code:
Thoroughbred
Meet Title:
Feilding JC - 4 November 2017
Meet Chair:
NMoffatt
Meet Committee Member 1:
NMcCutcheon
Race Date:
2017/11/04
Race Number:
R 9
Decision:
As Mr Shinn admitted the breach the charge was found to be proved.
Penalty:
Accordingly Mr Shinn is fined the sum of $300.
Facts:
Following Race 9 , Ian Humphrey Motors & Humphrey Family Handicap, Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that apprentice A Shinn used his whip excessively prior to the 100m.
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” provide:
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 Shinn acknowledged he understood the rule and confirmed his admission of the breach. He was assisted at the hearing by his employer Mr R Bergerson.
Mr Goodwin had Mr Balcombe show the video of the race from the top of the straight. He alleged that Mr Shinn hit his horse ten times prior to the 100m without the required respite.
Mr Bergerson believed that Mr Shinn only made contact with his mount on eight occasions, with two of the alleged ten strikes missing the horse; however he agreed that the guidelines had clearly been breached.
Submissions for Penalty:
Mr Goodwin said this was Mr Shinn’s first breach of the whip rule and in fact his first time appearing before a Judicial Committee. The Stewards’ submission was for the standard fine relating to a first breach of the whip rule.
Mr Bergerson asked the Committee to take into account Mr Shinn’s inexperience explaining that he was excited at the thought of winning his first race. For the record Mr Shinn ran second.
Reasons for Penalty:
New whip guidelines were introduced on 1st August this year (1/8/17) and updated penalty guidelines for whip use came into effect on November 1st.
The updated starting points for breaches of Rule 638(3) (b) (ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension
Mr Shinn was facing his first charge of excessive use of the whip. The starting point is a $300 fine and in our opinion there were no aggravating factors to warrant an uplift in penalty. Under this particular rule Mr Shinn’s inexperience and admission of the breach does not afford him any discount. The racing industry has made it quite clear that cases of excessive use of the whip will not be tolerated. Mr Shinn has ridden as an amateur rider before becoming an apprentice rider and is aware of the whip regulation guidelines.
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: f3a13d686b30c742be9bec5476539ba0
informantnumber: A8790
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 06/11/2017
hearing_title: Feilding JC 4 November 2017 - R 9 - Chair, Mrs N Moffatt
charge:
facts:
Following Race 9 , Ian Humphrey Motors & Humphrey Family Handicap, Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that apprentice A Shinn used his whip excessively prior to the 100m.
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” provide:
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 Shinn acknowledged he understood the rule and confirmed his admission of the breach. He was assisted at the hearing by his employer Mr R Bergerson.
Mr Goodwin had Mr Balcombe show the video of the race from the top of the straight. He alleged that Mr Shinn hit his horse ten times prior to the 100m without the required respite.
Mr Bergerson believed that Mr Shinn only made contact with his mount on eight occasions, with two of the alleged ten strikes missing the horse; however he agreed that the guidelines had clearly been breached.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Shinn admitted the breach the charge was found to be proved.
sumissionsforpenalty:
Mr Goodwin said this was Mr Shinn’s first breach of the whip rule and in fact his first time appearing before a Judicial Committee. The Stewards’ submission was for the standard fine relating to a first breach of the whip rule.
Mr Bergerson asked the Committee to take into account Mr Shinn’s inexperience explaining that he was excited at the thought of winning his first race. For the record Mr Shinn ran second.
reasonsforpenalty:
New whip guidelines were introduced on 1st August this year (1/8/17) and updated penalty guidelines for whip use came into effect on November 1st.
The updated starting points for breaches of Rule 638(3) (b) (ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension
Mr Shinn was facing his first charge of excessive use of the whip. The starting point is a $300 fine and in our opinion there were no aggravating factors to warrant an uplift in penalty. Under this particular rule Mr Shinn’s inexperience and admission of the breach does not afford him any discount. The racing industry has made it quite clear that cases of excessive use of the whip will not be tolerated. Mr Shinn has ridden as an amateur rider before becoming an apprentice rider and is aware of the whip regulation guidelines.
penalty:
Accordingly Mr Shinn is fined the sum of $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr N Goodwin - Stipendiary Steward
JockeysandTrainer: Mr A Shinn - Apprentice Rider
Otherperson: Mr D Balcombe - Stipendiary Steward, Mr R Bergerson - Licensed Trainer
PersonPresent:
Respondent:
StipendSteward:
raceid: cd65e42de45dedd41002a49392e09a03
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8addd9d387bd899e14ffc0ebbfe2946b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/11/2017
meet_title: Feilding JC - 4 November 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: feilding-jc
meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: NMcCutcheon
meet_pm2: none
name: Feilding JC