Archive Decision

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Winton HRC 8 September 2018 – R 6 – Chair, Prof G Hall

ID: JCA16238

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr J Cox - Open Horseman

Information Number:
A10542

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2) and Use of Whip Regulations

Plea:
admitted

Meet Title:
Winton HRC - 8 September 2018

Meet Chair:
GHall

Meet Committee Member 1:
MConway

Race Date:
2018/09/08

Race Number:
R 6

Decision:

As Mr Cox has admitted the breach, it is found to be proved.

Penalty:

Mr Cox is fined the sum of $200.

Facts:

Mr Wallis, Stipendiary Steward, alleged that Mr Cox used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive EL CAPITAN in race 6, the VINCENT AT ALABAR MOBILE PACE.

Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of the Whip Regulations provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Cox admitted the breach and did not wish to be present at the hearing.

Mr Wallis, Stipendiary Steward, demonstrated the alleged breach on the videos. Mr Cox made a run from the back and, as the field passed the 400 metres, he was 3 wide and outside the horse racing one out without the trail. Mr Cox used his whip 12 times in the last 400 metres.

Submissions for Penalty:

Mr Wallis produced the respondent’s record. Mr Cox has had 18 drives this season and 353 drives last season. Mr Cox has a clear record under this rule.

Mr Wallis submitted that a fine of $200 was appropriate.

Reasons for Penalty:

The count for Mr Cox is 12. He has agreed that this is the number. The strikes were not continuous and some were backhanders.

The Penalty Guide provides for a $200 fine where the number of strikes is between 11 and 13 (low-range) and the respondent has a clear record. There are no aggravating or mitigating factors that require an adjustment to this 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: ce6f8c5a54592c7fc9d228e750fdbf59


informantnumber: A10542


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 11/09/2018


hearing_title: Winton HRC 8 September 2018 - R 6 - Chair, Prof G Hall


charge:


facts:

Mr Wallis, Stipendiary Steward, alleged that Mr Cox used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive EL CAPITAN in race 6, the VINCENT AT ALABAR MOBILE PACE.

Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of the Whip Regulations provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Cox admitted the breach and did not wish to be present at the hearing.

Mr Wallis, Stipendiary Steward, demonstrated the alleged breach on the videos. Mr Cox made a run from the back and, as the field passed the 400 metres, he was 3 wide and outside the horse racing one out without the trail. Mr Cox used his whip 12 times in the last 400 metres.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Cox has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Wallis produced the respondent’s record. Mr Cox has had 18 drives this season and 353 drives last season. Mr Cox has a clear record under this rule.

Mr Wallis submitted that a fine of $200 was appropriate.


reasonsforpenalty:

The count for Mr Cox is 12. He has agreed that this is the number. The strikes were not continuous and some were backhanders.

The Penalty Guide provides for a $200 fine where the number of strikes is between 11 and 13 (low-range) and the respondent has a clear record. There are no aggravating or mitigating factors that require an adjustment to this starting point.


penalty:

Mr Cox is fined the sum of $200.


hearing_type: Hearing


Rules: 869(2) and Use of Whip Regulations


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Mr J Cox - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 4378711df2b13022111b566f9f8cccef


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f38db03beb6469b0e67c4381939783d3


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/09/2018


meet_title: Winton HRC - 8 September 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: winton-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: MConway


meet_pm2: none


name: Winton HRC