Archive Decision

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Wanganui JC 4 July 2019 – R 1 – Chair, Mrs N Moffatt

ID: JCA13784

Applicant:
Mr D Balcombe - Stipendiary Steward

Respondent(s):
Mr M Cropp -

Other Person:
Mr J Oatham - Chief Stipendiary Steward

Information Number:
A11614

Hearing Type:
Hearing

New Charge:
Excessive use of whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Wanganui JC - 4 July 2019

Meet Chair:
NMoffatt

Meet Committee Member 1:
PWilliams

Race Date:
2019/07/04

Race Number:
R7

Decision:

As Mr Cropp admitted the breach, the charge was deemed proved.

Penalty:

Accordingly, Mr Cropp is fined the sum of $300.

Facts:

Following Race 1 (Alsco Maiden Highweight 2050) Mr Balcombe lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that M Cropp used the whip excessively on his mount HANDSOME BLUE prior to the 100 metres.

Mr Oatham ran the videos and counted Mr Cropp using the whip thirteen times prior to the 100m mark. He said while the number of strikes was well above the guidelines, they were backhands and not significantly forceful. Mr Oatham also showed where Mr Cropp had paused his whip use for a few strides within those thirteen strikes.

Mr Cropp was satisfied with Mr Oatham’s description of the breach.

Submissions for Penalty:

Mr Balcombe said this was Mr Cropp’s first breach of the rule in approximately three years. He placed today’s breach at below midrange due to the absence of significant force and the fact that there were breaks within the thirteen-strike period. Mr Balcombe said the Stewards were not seeking an increase on the Penalty Guide start point.

Mr Cropp asked the Committee to consider his good record and to impose the minimum penalty available.

Reasons for Penalty:

The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3) (b) (ii):

1st breach                           $300
2nd breach                          $500
3rd or subsequent breach    6-8 national riding days

In determining penalty, the Committee considered all submissions. We took into account both the number of strikes and the manner in which Mr Cropp used the whip. We would consider 13 strikes delivered in a continuous pattern to be an aggravating factor; however, there were two periods of approximately three strides where Mr Cropp did not use the whip. In addition, we heard evidence that Mr Cropp did not use undue force, and the videos tend to support this view. We placed the breach in the lower range. There were no aggravating factors requiring an uplift from the starting point.

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: 64a7af108961701bde365c69b8d32067


informantnumber: A11614


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 06/07/2019


hearing_title: Wanganui JC 4 July 2019 – R 1 - Chair, Mrs N Moffatt


charge:


facts:

Following Race 1 (Alsco Maiden Highweight 2050) Mr Balcombe lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that M Cropp used the whip excessively on his mount HANDSOME BLUE prior to the 100 metres.

Mr Oatham ran the videos and counted Mr Cropp using the whip thirteen times prior to the 100m mark. He said while the number of strikes was well above the guidelines, they were backhands and not significantly forceful. Mr Oatham also showed where Mr Cropp had paused his whip use for a few strides within those thirteen strikes.

Mr Cropp was satisfied with Mr Oatham’s description of the breach.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Cropp admitted the breach, the charge was deemed proved.


sumissionsforpenalty:

Mr Balcombe said this was Mr Cropp’s first breach of the rule in approximately three years. He placed today’s breach at below midrange due to the absence of significant force and the fact that there were breaks within the thirteen-strike period. Mr Balcombe said the Stewards were not seeking an increase on the Penalty Guide start point.

Mr Cropp asked the Committee to consider his good record and to impose the minimum penalty available.


reasonsforpenalty:

The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3) (b) (ii):

1st breach                           $300
2nd breach                          $500
3rd or subsequent breach    6-8 national riding days

In determining penalty, the Committee considered all submissions. We took into account both the number of strikes and the manner in which Mr Cropp used the whip. We would consider 13 strikes delivered in a continuous pattern to be an aggravating factor; however, there were two periods of approximately three strides where Mr Cropp did not use the whip. In addition, we heard evidence that Mr Cropp did not use undue force, and the videos tend to support this view. We placed the breach in the lower range. There were no aggravating factors requiring an uplift from the starting point.


penalty:

Accordingly, Mr Cropp is fined the sum of $300.


hearing_type: Hearing


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


Informant: Mr D Balcombe - Stipendiary Steward


JockeysandTrainer: Mr M Cropp -


Otherperson: Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 9461cae992dec81c93130eab43f0b0fa


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6d643468ca054b56637f58a30988a33a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/07/2019


meet_title: Wanganui JC - 4 July 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wanganui-jc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: PWilliams


meet_pm2: none


name: Wanganui JC