R Tauranga 4 November 2017 – R 7 – Chair, Mr A Dooley
ID: JCA11576
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 4 November 2017
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2017/11/04
Race Number:
Race 7
Decision:
As Ms Jones admitted the breach the Committee found the charge proved.
Penalty:
Ms Jones was fined $300.
Facts:
Following the running of race 7, STE Industrial Electrical 1400, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Ms Jones used her whip excessively on I’M BRONSON prior to the 100 metres.
Ms Jones acknowledged that she understood the Rule and confirmed her 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” 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 Coles demonstrated the incident using the available video footage. He identified Ms Jones and showed that she struck her mount 8 times prior to the 100 metres without the required respite of 5 strides.
Ms Jones accepted Mr Coles’ interpretation of the incident and added that she miscounted the number of times she used her whip.
Submissions for Penalty:
Mr Williamson said that Ms Jones had a clear record under this Rule and submitted a monetary penalty would be appropriate.
The Committee advised Ms Jones the JCA Penalty Guide starting points for excessive use of the whip.
Ms Jones had no submissions on penalty.
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. That level of fine assumes a good record and admission of the breach, otherwise the fine should be higher. The expectation is that no reduction in penalty is applied unless there are exceptional circumstances.
There were no aggravating factors.
The mitigating factors were Ms Jones’ clear record under this Rule, her admission of the breach and the 8 strikes were applied with minimal force.
I’M BRONSON finished in 11th 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: 244c46197e4d9c9f14f70d30af274c63
informantnumber: A9482
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 05/11/2017
hearing_title: R Tauranga 4 November 2017 - R 7 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 7, STE Industrial Electrical 1400, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Ms Jones used her whip excessively on I’M BRONSON prior to the 100 metres.
Ms Jones acknowledged that she understood the Rule and confirmed her 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” 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 Coles demonstrated the incident using the available video footage. He identified Ms Jones and showed that she struck her mount 8 times prior to the 100 metres without the required respite of 5 strides.
Ms Jones accepted Mr Coles’ interpretation of the incident and added that she miscounted the number of times she used her whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Jones admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson said that Ms Jones had a clear record under this Rule and submitted a monetary penalty would be appropriate.
The Committee advised Ms Jones the JCA Penalty Guide starting points for excessive use of the whip.
Ms Jones had no submissions on penalty.
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. That level of fine assumes a good record and admission of the breach, otherwise the fine should be higher. The expectation is that no reduction in penalty is applied unless there are exceptional circumstances.
There were no aggravating factors.
The mitigating factors were Ms Jones’ clear record under this Rule, her admission of the breach and the 8 strikes were applied with minimal force.
I’M BRONSON finished in 11th place.
penalty:
Ms Jones was fined $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Ms A Jones - Licensed Jockey
Otherperson: Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 0a714463a70485fb92ae86fe65d7c061
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5d5f7a6ab368480c54f5bf35d82ee38a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/11/2017
meet_title: Racing Tauranga - 4 November 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-tauranga
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Racing Tauranga