R Tauranga 23 August 2017 – R 6 – Chair, Mr A Dooley
ID: JCA12241
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 23 August 2017
Meet Chair:
ADooley
Race Date:
2017/08/23
Race Number:
R6
Decision:
As Mr Bosson admitted the breach the Committee found the charge proved.
Penalty:
Mr Bosson was fined $300.
Facts:
Following the running of race 6, Bosson Developments 1400, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Mr Bosson used the whip in an excessive manner when riding I’M BRONSON.
Mr Bosson acknowledged that he understood the Rule and confirmed his admission of the breach. Mr Bosson added that he was not fully aware of the new whip Guidelines because he has been away.
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” effective 1 August 2017 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 Williamson demonstrated the incident using the available video footage. He identified Mr Bosson and showed that from the 300 metres until the 100 metres Mr Bosson struck his mount 11 times. He said the first 2 strikes had a break of 4 strides but the last 9 strikes were continuous.
Mr Bosson acknowledged that he struck his mount 11 times prior to the final 100 metres and recognised that the frequency of the strikes were outside the Guidelines.
Submissions for Penalty:
Mr Jones said that Mr Bosson had a clear record under this Rule in the last 12 months and to his credit he admitted the breach. Mr Jones referred the Committee to the JCA Penalty Guide which states that the starting point for a 1st breach of this Rule is a $300 fine. He submitted that a $300 fine would be an appropriate penalty.
Mr Bosson submitted that he had not breached this Rule for approximately 7 years and he admitted the breach.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The starting point for a 1st breach of this new 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 Mr Bosson’s admission of the breach and his clear record under this Rule in the last 12 months. The Committee assessed the severity of strikes and the number of strikes (11) as being in the low range.
The Committee note that I’M BRONSON finished in 2nd place.
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: 45479ca998b80d2efe73c0cd65db243e
informantnumber: A7318
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 24/08/2017
hearing_title: R Tauranga 23 August 2017 - R 6 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 6, Bosson Developments 1400, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Mr Bosson used the whip in an excessive manner when riding I’M BRONSON.
Mr Bosson acknowledged that he understood the Rule and confirmed his admission of the breach. Mr Bosson added that he was not fully aware of the new whip Guidelines because he has been away.
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” effective 1 August 2017 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 Williamson demonstrated the incident using the available video footage. He identified Mr Bosson and showed that from the 300 metres until the 100 metres Mr Bosson struck his mount 11 times. He said the first 2 strikes had a break of 4 strides but the last 9 strikes were continuous.
Mr Bosson acknowledged that he struck his mount 11 times prior to the final 100 metres and recognised that the frequency of the strikes were outside the Guidelines.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bosson admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Jones said that Mr Bosson had a clear record under this Rule in the last 12 months and to his credit he admitted the breach. Mr Jones referred the Committee to the JCA Penalty Guide which states that the starting point for a 1st breach of this Rule is a $300 fine. He submitted that a $300 fine would be an appropriate penalty.
Mr Bosson submitted that he had not breached this Rule for approximately 7 years and he admitted the breach.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The starting point for a 1st breach of this new 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 Mr Bosson’s admission of the breach and his clear record under this Rule in the last 12 months. The Committee assessed the severity of strikes and the number of strikes (11) as being in the low range.
The Committee note that I’M BRONSON finished in 2nd place.
penalty:
Mr Bosson was fined $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr O Bosson -Licensed Rider
Otherperson: Mr M Williamson - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 1899e45c146757dd5b12f22e4f2fe701
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a8d9ff87a123cbffea252c68b0644243
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/08/2017
meet_title: Racing Tauranga - 23 August 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-tauranga
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Racing Tauranga