R Rotorua 15 May 2021 – R 5 – Chair, Hon J W Gendall QC
ID: JCA13613
Code:
Thoroughbred
Meet Title:
Racing Rotorua - 15 May 2021
Meet Chair:
ASmith
Meet Committee Member 1:
BScott
Race Date:
2021/05/15
Race Number:
R 5
Decision:
As Mr Elliott admitted the breach, it was deemed proved.
Penalty:
A fine of $300 is imposed.
Facts:
Following the running of Race 5, the Sherlock Contracting 1560, Mr Williamson presented an Information charging Mr Elliott with a breach of Rule 638(3)(b)(ii) in that he struck his mount UCALLEDIT with his whip in a manner that was excessive, in that his whip use was with his arm raised above shoulder height.
The "Whip Rule" includes the "manner" in which a mount is struck, and not just the number of times it is struck. The Guidelines are known to all Riders and include a prohibition of whip use with the arm raised above shoulder height.
Mr Elliott admitted the breach of the Rule.
Mr Williamson illustrated from the race film the manner of Mr Elliott's whip use over the final 350 metres of the race, where he vigorously struck his mount several times with his arm raised well above shoulder height. He did not breach the Guidelines for the number of strikes, but it was the manner of his whip use that breached the requirements.
Mr Elliott's mount finished second and he said he had tried "too hard".
Submissions for Penalty:
Mr Williamson sought a fine of $300 as Mr Elliott had not breached the Rule in the past 6 months and there were no aggravating factors.
Mr Elliott accepted that a fine was appropriate.
Reasons for Penalty:
The JCA Guideline for a starting point - where there are no breaches during the past 6 months - of a fine of $300, and we adopt that as appropriate as there are no aggravating factors that would require any uplift.
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: 4d73687413497ce95b2f320a79fa52d9
informantnumber: A14421
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 17/05/2021
hearing_title: R Rotorua 15 May 2021 - R 5 - Chair, Hon J W Gendall QC
charge:
facts:
Following the running of Race 5, the Sherlock Contracting 1560, Mr Williamson presented an Information charging Mr Elliott with a breach of Rule 638(3)(b)(ii) in that he struck his mount UCALLEDIT with his whip in a manner that was excessive, in that his whip use was with his arm raised above shoulder height.
The "Whip Rule" includes the "manner" in which a mount is struck, and not just the number of times it is struck. The Guidelines are known to all Riders and include a prohibition of whip use with the arm raised above shoulder height.
Mr Elliott admitted the breach of the Rule.
Mr Williamson illustrated from the race film the manner of Mr Elliott's whip use over the final 350 metres of the race, where he vigorously struck his mount several times with his arm raised well above shoulder height. He did not breach the Guidelines for the number of strikes, but it was the manner of his whip use that breached the requirements.
Mr Elliott's mount finished second and he said he had tried "too hard".
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Elliott admitted the breach, it was deemed proved.
sumissionsforpenalty:
Mr Williamson sought a fine of $300 as Mr Elliott had not breached the Rule in the past 6 months and there were no aggravating factors.
Mr Elliott accepted that a fine was appropriate.
reasonsforpenalty:
The JCA Guideline for a starting point - where there are no breaches during the past 6 months - of a fine of $300, and we adopt that as appropriate as there are no aggravating factors that would require any uplift.
penalty:
A fine of $300 is imposed.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr R Elliott - Class A Licensed Jockey
Otherperson: Ms V Algar - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 580bd52ad3daefa3aa073240eccf3c15
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: 42e710145737e8fb0ef77a28f343b86b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 1
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/05/2021
meet_title: Racing Rotorua - 15 May 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-rotorua
meet_racingtype: thoroughbred-racing
meet_chair: ASmith
meet_pm1: BScott
meet_pm2: none
name: Racing Rotorua