R Tauranga 31 July 2024 – R9 – Billy Jacobson

Evidence:

Following the running of Race 9, the “TEAM WEALLEANS 2100”, Mr Dooley presented an Information charging Mr Jacobson, the Rider of “ENDEAN ACE”, with a breach of Rule 638(3)(f)(ii) in that he, whilst striking his mount in the home straight, on 2 occasions raised his arm above shoulder height.

Mr Jacobson admitted the breach of the Rule.

The race films depicted the event when, well into the final 300 metres, “ENDEAN ACE” was struck by Mr Jacobson twice with the whip, being used in a manner where the Rider’s arm action was well above shoulder height.  “ENDEAN ACE” fought on to finish 5th.

Mr Jacobson made no positive submissions other than to frankly accept his error.

Decision:

As the charge was admitted, it was deemed proved.

Submissions for Penalty:

Mr Dooley advised that Mr Jacobson had one prior offence for breach of a Whip Rule in the relevant period, namely on 16 March 2024.  This breach was therefore the second within the prescribed period.  He submitted that a fine in the region of $350-$400 was necessary for this second offence.

Mr Jacobson made no penalty submissions other than seeking leniency.

Reasons for Penalty:

The Penalty Guide does not deal with anything other than a first breach of the “arm height” Rule (a fine of $250).  This “offence” is not actually in the same category as excessive strikes, but it relates to the manner in which the whip is applied.  An uplift is necessary because of the previous breach, but does not need to be severe on the facts of this event.

Conclusion:

Accordingly, Mr Jacobson is fined $350.  Further breaches within the designated time period are likely to incur suspension.