Winton HRC 24 December 2021 – R4 – Richard Stevens

Summary of facts and submissions:

Mr Munro alleged that Mr Stevens (CARRERA DANCE) used his whip with more than a wrist flicking motion throughout the run home.

Mr Munro identified the Respondent’s horse on the video and demonstrated that Mr Stevens used the whip with more than a wrist flicking motion for the length of the home straight.

Mr Stevens commented he knew it looked bad, but he was working on the horse’s mouth at the same time. He said it was his home track and he knew he was in with a chance.

Decision:

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

Submission For Penalty:

Mr Munro produced the Respondent’s record. Mr Stevens has had 173 lifetime drives, with 12 this season. Mr Munro described the breach as mid-range as the Respondent had used more than a wrist flicking for some distance. He referred to the starting point of a $500 fine or a two-meeting suspension for such a breach.

Mr Stevens stated that he preferred a fine to a suspension. He said he only drove family horses and there was only one in work at the present time.

Reasons for penalty:

The breach is mid-range in that the Respondent has used his whip with more than a wrist flicking motion and has continued to drive in this manner for some distance.

Mr Stevens drives infrequently. A fine is the appropriate penalty. Mr Stevens’ record under this Rule shows no breaches these past 12 months. From a $500 starting point a reduction of $150 is made for record, admission of the breach, and personal circumstances.

Penalty:

Mr Stevens is fined the sum of $350.