Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Marton JC 12 September 2015 – R 6 – Chair, Mr T Utikere

ID: JCA14026

Applicant:
Mr R Neal - Co Chief Stipendiary Steward

Respondent(s):
Ms R Goldsbury - Licensed Apprentice Jockey

Other Person:
Mr R Hannam - Licensed Jockey assisting Miss Goldsbury

Information Number:
A6821

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
Rule 638(3)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Marton JC - 12 September 2015

Meet Chair:
TUtikere

Meet Committee Member 1:
TCastles

Race Date:
2015/09/12

Race Number:
R2

Decision:

As the charge was admitted, the committee found the charge proved.

Penalty:

Miss Goldsbury is fined $300.

Facts:

Following the running of Race 6 (Nufarm Handicap 1600m), Information A6821 was filed with the judicial committee. It alleged a breach of Rule 638(3)(b)(ii) in that R Goldsbury used her whip "excessively prior to the 200 metres."

Miss Goldsbury, assisted by Mr Hannam, confirmed that she understood the rule and that she admitted the breach.

Using the rear-view film, Mr Neal identified Miss Goldsbury using her whip on DAL TE EN TEE soon after the field straightened for the run home. She was observed to strike her horse approximately 14 times from the 500m while her horse was towards the rear of the field.

Miss Goldsbury stated that she had been instructed by connections to ride with vigour, but she conceded that she had obviously struck the horse a few times too many.

Assisting Miss Goldsbury, Mr Hannam said the apprentice had been riding with vigour and that she had just exceeded the guidelines.

Submissions for Penalty:

Mr Neal identified a previous breach of this rule on 6 March at Otaki, but that fell outside of the previous 6 month period so this was to be treated as a first offence under the JCA Penalty Guidelines. He believed Miss Goldsbury had an excellent record for an apprentice who was gaining a number of Raceday rides and that this breach sat at the lower end. He also submitted a fine at a level less than the $500 JCA Penalty Guidelines starting point as appropriate.

Miss Goldsbury asked the committee to take into consideration her good record, having a previous whip charge on 6 March this year, which fell outside the previous 6 month reset period and that she had been an apprentice for nearly 12 months and had never had a period of suspension.

Mr Hannam asked the committee to take into consideration the submissions Miss Goldsbury had advanced and that the breach was minor in the circumstances. 

Reasons for Penalty:

The committee considered all of the submissions placed before it. Excessive whip use has a very negative public perception and the starting points for this offence have been adjusted upwards to reflect this. Miss Goldsbury, while acting under instructions from the connections, has an obligation to follow the rules of racing. While Miss Goldsbury had a previous whip charge in March of this year, for the purposes of this breach, it is to be treated as a first offence as a 6 month reset period applies to breaches of this rule. Miss Goldsbury is a busy apprentice, has an excellent record and admitted the breach at the earliest opportunity. She has also advanced penalty submissions that mitigate the fine downwards from the $500 starting point. The penalty we impose is also consistent with other breaches of this rule. 

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: 8e79df42ce9b6d50275a8bd2a901f5d1


informantnumber: A6821


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 12/09/2015


hearing_title: Marton JC 12 September 2015 - R 6 - Chair, Mr T Utikere


charge:


facts:

Following the running of Race 6 (Nufarm Handicap 1600m), Information A6821 was filed with the judicial committee. It alleged a breach of Rule 638(3)(b)(ii) in that R Goldsbury used her whip "excessively prior to the 200 metres."

Miss Goldsbury, assisted by Mr Hannam, confirmed that she understood the rule and that she admitted the breach.

Using the rear-view film, Mr Neal identified Miss Goldsbury using her whip on DAL TE EN TEE soon after the field straightened for the run home. She was observed to strike her horse approximately 14 times from the 500m while her horse was towards the rear of the field.

Miss Goldsbury stated that she had been instructed by connections to ride with vigour, but she conceded that she had obviously struck the horse a few times too many.

Assisting Miss Goldsbury, Mr Hannam said the apprentice had been riding with vigour and that she had just exceeded the guidelines.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted, the committee found the charge proved.


sumissionsforpenalty:

Mr Neal identified a previous breach of this rule on 6 March at Otaki, but that fell outside of the previous 6 month period so this was to be treated as a first offence under the JCA Penalty Guidelines. He believed Miss Goldsbury had an excellent record for an apprentice who was gaining a number of Raceday rides and that this breach sat at the lower end. He also submitted a fine at a level less than the $500 JCA Penalty Guidelines starting point as appropriate.

Miss Goldsbury asked the committee to take into consideration her good record, having a previous whip charge on 6 March this year, which fell outside the previous 6 month reset period and that she had been an apprentice for nearly 12 months and had never had a period of suspension.

Mr Hannam asked the committee to take into consideration the submissions Miss Goldsbury had advanced and that the breach was minor in the circumstances. 


reasonsforpenalty:

The committee considered all of the submissions placed before it. Excessive whip use has a very negative public perception and the starting points for this offence have been adjusted upwards to reflect this. Miss Goldsbury, while acting under instructions from the connections, has an obligation to follow the rules of racing. While Miss Goldsbury had a previous whip charge in March of this year, for the purposes of this breach, it is to be treated as a first offence as a 6 month reset period applies to breaches of this rule. Miss Goldsbury is a busy apprentice, has an excellent record and admitted the breach at the earliest opportunity. She has also advanced penalty submissions that mitigate the fine downwards from the $500 starting point. The penalty we impose is also consistent with other breaches of this rule. 


penalty:

Miss Goldsbury is fined $300.


hearing_type: Hearing


Rules: Rule 638(3)(ii)


Informant: Mr R Neal - Co Chief Stipendiary Steward


JockeysandTrainer: Ms R Goldsbury - Licensed Apprentice Jockey


Otherperson: Mr R Hannam - Licensed Jockey assisting Miss Goldsbury


PersonPresent:


Respondent:


StipendSteward:


raceid: 5491b1ab975c5fe3262308bef820e184


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5300070e8eee297f79d279004b97d6cd


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/09/2015


meet_title: Marton JC - 12 September 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: marton-jc


meet_racingtype: thoroughbred-racing


meet_chair: TUtikere


meet_pm1: TCastles


meet_pm2: none


name: Marton JC