Waipa RC 8 September 2017 – R 3 – Chair, Mr B Scott
ID: JCA14189
Code:
Thoroughbred
Meet Title:
Waipa RC - 8 September 2017
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2017/09/08
Race Number:
R3
Decision:
The breach is admitted and therefore the charge is upheld.
Penalty:
The Committee imposes a fine of $500.00 on Mr Dell.
Facts:
Following the running of the NZ INSURANCE PEARL SERIES 1400 an Information was filed by Stipendiary Steward Mr B Jones against Class A rider Mr C Dell alleging that Mr Dell had used his whip excessively on his mount MISS CAMPBELL prior to the 100 metres.
Mr Dell was present at the Hearing and he acknowledged that he understood the Rule and that he admitted the breach. Mr Dell also acknowledged that he was aware of the new Whip Guidelines.
The Guidelines with Respect to Acceptable Use of the Whip that apply from the 1st of August 2017 provide : Without affecting the generality of Rule 638(3)(b) Riders 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 whip up to 5 times after which the rider must cease their use of the whip for a minimum of 5 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.
Chief Stipendiary Steward Mr J Oatham demonstrated the incident using the available race films. He showed where from the 400 metres mark and prior to the 100 metres mark Mr Dell used his whip 13 times on his horse and although there were 2 slight pauses they were not the required 5 strides each time.
Mr Dell said that it was a short straight and this had caused him to misjudge the distances. He said that he gave his horse respite for 3 to 4 strides but he acknowledged that it was not the required 5 strides.
In answer to a question from the Committee Mr Dell said that he accepted the number of 13 strikes.
Submissions for Penalty:
Mr Oatham said that the aggravating features were the number of strikes and also the fact that Mr Dell had been charged with the same offence 2 days ago at the Counties Racing Club's meeting.
In mitigation he said that there was no undue force in the strikes and that Mr Dell had not raised the whip over his shoulder.
Mr Oatham submitted that in line with the new policy the matter should be dealt by way of a fine of $500.00.
Mr Dell said that he was going to have to work on his use of the whip. He did agree that there was not a lot of force in his use of the Whip. He said that he was recently back from riding in Australia and his record was good there. He is aware that a fine for a second offence would be in the $500.00 range.
Reasons for Penalty:
The Committee listened to the Parties and took note of their submissions. The aggravating factors are of course the number of strikes and that fact that this is Mr Dell's second charge under the same Rule in 2 days.
The mitigating factors are Mr Dell's admission of the breach and the force with which the whip is used.
The new policy on Whip Penalties set by the JCA and agreed to by the RIU provides firstly that for a second offence the starting point penalty is a fine of $500.00 and secondly that mitigating matters unless exceptional are not to be taken into account. In other words the prescribed fine is the minimum to be imposed by Judicial Committees.
Admission of the breach is clearly not an exceptional circumstance for a charge that is based on the number of strikes with the whip alone. We therefore do not give any credit for an admission.
We considered that the aggravating feature of the second breach in 2 days did warrant an uplift but at the end of the day we considered that the prescribed fine of $500.00 was appropriate after Mr Dell told us that he was going to look at his use of the whip.
We also warned Mr Dell that a further breach would result in a suspension of his Licence for 3 to 5 days.
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: a60456d7788aaa8c453fb0ed3b3e3d16
informantnumber: A7322
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 11/09/2017
hearing_title: Waipa RC 8 September 2017 - R 3 - Chair, Mr B Scott
charge:
facts:
Following the running of the NZ INSURANCE PEARL SERIES 1400 an Information was filed by Stipendiary Steward Mr B Jones against Class A rider Mr C Dell alleging that Mr Dell had used his whip excessively on his mount MISS CAMPBELL prior to the 100 metres.
Mr Dell was present at the Hearing and he acknowledged that he understood the Rule and that he admitted the breach. Mr Dell also acknowledged that he was aware of the new Whip Guidelines.
The Guidelines with Respect to Acceptable Use of the Whip that apply from the 1st of August 2017 provide : Without affecting the generality of Rule 638(3)(b) Riders 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 whip up to 5 times after which the rider must cease their use of the whip for a minimum of 5 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.
Chief Stipendiary Steward Mr J Oatham demonstrated the incident using the available race films. He showed where from the 400 metres mark and prior to the 100 metres mark Mr Dell used his whip 13 times on his horse and although there were 2 slight pauses they were not the required 5 strides each time.
Mr Dell said that it was a short straight and this had caused him to misjudge the distances. He said that he gave his horse respite for 3 to 4 strides but he acknowledged that it was not the required 5 strides.
In answer to a question from the Committee Mr Dell said that he accepted the number of 13 strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is upheld.
sumissionsforpenalty:
Mr Oatham said that the aggravating features were the number of strikes and also the fact that Mr Dell had been charged with the same offence 2 days ago at the Counties Racing Club's meeting.
In mitigation he said that there was no undue force in the strikes and that Mr Dell had not raised the whip over his shoulder.
Mr Oatham submitted that in line with the new policy the matter should be dealt by way of a fine of $500.00.
Mr Dell said that he was going to have to work on his use of the whip. He did agree that there was not a lot of force in his use of the Whip. He said that he was recently back from riding in Australia and his record was good there. He is aware that a fine for a second offence would be in the $500.00 range.
reasonsforpenalty:
The Committee listened to the Parties and took note of their submissions. The aggravating factors are of course the number of strikes and that fact that this is Mr Dell's second charge under the same Rule in 2 days.
The mitigating factors are Mr Dell's admission of the breach and the force with which the whip is used.
The new policy on Whip Penalties set by the JCA and agreed to by the RIU provides firstly that for a second offence the starting point penalty is a fine of $500.00 and secondly that mitigating matters unless exceptional are not to be taken into account. In other words the prescribed fine is the minimum to be imposed by Judicial Committees.
Admission of the breach is clearly not an exceptional circumstance for a charge that is based on the number of strikes with the whip alone. We therefore do not give any credit for an admission.
We considered that the aggravating feature of the second breach in 2 days did warrant an uplift but at the end of the day we considered that the prescribed fine of $500.00 was appropriate after Mr Dell told us that he was going to look at his use of the whip.
We also warned Mr Dell that a further breach would result in a suspension of his Licence for 3 to 5 days.
penalty:
The Committee imposes a fine of $500.00 on Mr Dell.
hearing_type: Hearing
Rules: Rule 638(3)(B)(ii)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr C Dell - Class A Rider
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e2c2ee99d9fcfcba65971d1dd0cfdbfb
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 16c3b264faf4e6a2853ad358d038262e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/09/2017
meet_title: Waipa RC - 8 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waipa-rc
meet_racingtype: thoroughbred-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Waipa RC