Archive Decision

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Wanganui JC 1 May 2019 – R 8 – Chair, Mr P Williams

ID: JCA16471

Applicant:
Mr D Balcombe - Stipendiary Steward

Respondent(s):
Ms A Jones - Class A Jockey

Information Number:
A9248

Hearing Type:
Hearing

New Charge:
Excessive Use of Whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Wanganui JC - 1 May 2019

Meet Chair:
PWilliams

Meet Committee Member 1:
TBird

Race Date:
2019/05/01

Race Number:
R8

Decision:

As Ms Jones admitted the breach the charge was found proved.

Penalty:

Ms Jones is fined $300.

Facts:

Following the running of race 8, the “River City Cabs Maiden 3YO 1600”, Information A9248 was filed by Stipendiary Steward Mr D Balcombe under Rule 638(3)(b)(ii). The Information stated “A Jones used her whip excessively prior to the 100m”. Ms Jones signed the Information admitting the breach and at the beginning of the hearing confirmed that was correct and also that she understood the Rule and associated Guidelines under which she was charged.

Rule 638(3)(b) 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” provide:

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.

Stipendiary Steward Mr Balcombe showed the side-on view of the race from the 350m mark and highlighted Ms Jones on “Maipe” racing behind the leaders in mid-track. He said from the 350m to the 100m Ms Jones struck her horse 11 times and whilst there were 3 brief pauses none were for the required 5 strides.

Ms Jones did not disagree with Mr Balcombe’s interpretation of the film and had no further comments to make.

Submissions for Penalty:

Mr Balcombe said Ms Jones had not breached this Rule in the previous 12 months and said the Stewards considered the breach today to be at the low end. He submitted that a fine was an appropriate penalty but did not specify the level of fine that should be imposed.

Ms Jones had no comments.

Reasons for Penalty:

The Committee has reviewed the film of the race from the top of the straight to the 100m mark and taken into account the submissions made. The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine which was adopted. This starting point includes admission of the breach and a clear record.  There were no aggravating factors that warranted an uplift in penalty.

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: b8c5d1009ee80a2a8c71b23a4c0e7930


informantnumber: A9248


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of Whip


plea: admitted


penaltyrequired: 1


decisiondate: 01/05/2019


hearing_title: Wanganui JC 1 May 2019 - R 8 - Chair, Mr P Williams


charge:


facts:

Following the running of race 8, the “River City Cabs Maiden 3YO 1600”, Information A9248 was filed by Stipendiary Steward Mr D Balcombe under Rule 638(3)(b)(ii). The Information stated “A Jones used her whip excessively prior to the 100m”. Ms Jones signed the Information admitting the breach and at the beginning of the hearing confirmed that was correct and also that she understood the Rule and associated Guidelines under which she was charged.

Rule 638(3)(b) 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” provide:

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.

Stipendiary Steward Mr Balcombe showed the side-on view of the race from the 350m mark and highlighted Ms Jones on “Maipe” racing behind the leaders in mid-track. He said from the 350m to the 100m Ms Jones struck her horse 11 times and whilst there were 3 brief pauses none were for the required 5 strides.

Ms Jones did not disagree with Mr Balcombe’s interpretation of the film and had no further comments to make.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Jones admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Balcombe said Ms Jones had not breached this Rule in the previous 12 months and said the Stewards considered the breach today to be at the low end. He submitted that a fine was an appropriate penalty but did not specify the level of fine that should be imposed.

Ms Jones had no comments.


reasonsforpenalty:

The Committee has reviewed the film of the race from the top of the straight to the 100m mark and taken into account the submissions made. The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine which was adopted. This starting point includes admission of the breach and a clear record.  There were no aggravating factors that warranted an uplift in penalty.


penalty:

Ms Jones is fined $300.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr D Balcombe - Stipendiary Steward


JockeysandTrainer: Ms A Jones - Class A Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 1b46d191c329235e5f57c138ee31709c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


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race_chair:


race_pm1:


race_pm2:


meetid: f6808ab26260360751314f0d5f81446e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/05/2019


meet_title: Wanganui JC - 1 May 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wanganui-jc


meet_racingtype: thoroughbred-racing


meet_chair: PWilliams


meet_pm1: TBird


meet_pm2: none


name: Wanganui JC