Archive Decision

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Counties RC 10 July 2013 – R 8

ID: JCA17788

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Ms S Collett - Rider of NOTTOOBAD

Other Person:
Mr J Oatham - Stipendiary Steward

Information Number:
A2757

Hearing Type:
Hearing

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Counties RC - 10 July 2013

Meet Chair:
ADooley

Meet Committee Member 1:
BScott

Race Date:
2013/07/10

Race Number:
R8

Decision:

As Ms Collett admitted the breach we find the charge proved.

Penalty:

Accordingly, we fine Ms Collett $250.

Charge:

Following race 8, Catwalk Clothing 1600, an Information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles, alleged that Ms Collett used her whip in an excessive manner prior to the 200 metres on her mount NOTTOOBAD.

Ms Collett acknowledged that she understood the Rule and the nature of the charge.

Rule 638(3)(b) states: A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.

Facts:

Mr Oatham demonstrated on the video films that Ms Collett used her whip 16 times prior to the 200 metres. He said that while Ms Collett did pause on a couple of occasions they were not the 6 strides as required by the Rule. He added that NOTTOOBAD won the race.

Ms Collett informed the Committee that her mount hit the front early in the home straight and she was mindful to keep it going in the wet ground. However, Ms Collett conceded she hit her mount 16 times which was outside the guidelines.

Submissions for Penalty:

Mr Coles produced Ms Collett's record which showed he had a clear record under this Rule in the last 12 months. He added Ms Collett’s previous whip breach occurred in September 2011. He described Ms Collett's record as very good and said Ms Collett may have gained a bit of advantage as she won the race. He submitted a fine of $250 to $300 would be an appropriate penalty.

Ms Collett said that she had a very good record in the last 12 months and agreed with Mr Coles’ assessment of the breach. She acknowledged that a $250 fine would be consistent with recent penalties imposed.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Ms Collett's admission of the breach and her clear record under this Rule. The number of strikes (16) is assessed as mid range and the severity is assessed as low range.

We note Ms Collett did not give her mount the required 6 strides respite and NOTTOOBAD won the race.

We note that the JCA penalty guide recommends a starting point for a 1st breach is a $300 fine. We also referred to recent penalties for similar breaches.

The starting point is adjusted downwards because of the mitigating factors listed above.

After taking into account all the above factors we assess an appropriate penalty is $250 fine.

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: ed79e6a24542e5f200e10f9de502f10d


informantnumber: A2757


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/06/2013


hearing_title: Counties RC 10 July 2013 - R 8


charge:

Following race 8, Catwalk Clothing 1600, an Information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles, alleged that Ms Collett used her whip in an excessive manner prior to the 200 metres on her mount NOTTOOBAD.

Ms Collett acknowledged that she understood the Rule and the nature of the charge.

Rule 638(3)(b) states: A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.


facts:

Mr Oatham demonstrated on the video films that Ms Collett used her whip 16 times prior to the 200 metres. He said that while Ms Collett did pause on a couple of occasions they were not the 6 strides as required by the Rule. He added that NOTTOOBAD won the race.

Ms Collett informed the Committee that her mount hit the front early in the home straight and she was mindful to keep it going in the wet ground. However, Ms Collett conceded she hit her mount 16 times which was outside the guidelines.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Collett admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Coles produced Ms Collett's record which showed he had a clear record under this Rule in the last 12 months. He added Ms Collett’s previous whip breach occurred in September 2011. He described Ms Collett's record as very good and said Ms Collett may have gained a bit of advantage as she won the race. He submitted a fine of $250 to $300 would be an appropriate penalty.

Ms Collett said that she had a very good record in the last 12 months and agreed with Mr Coles’ assessment of the breach. She acknowledged that a $250 fine would be consistent with recent penalties imposed.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Ms Collett's admission of the breach and her clear record under this Rule. The number of strikes (16) is assessed as mid range and the severity is assessed as low range.

We note Ms Collett did not give her mount the required 6 strides respite and NOTTOOBAD won the race.

We note that the JCA penalty guide recommends a starting point for a 1st breach is a $300 fine. We also referred to recent penalties for similar breaches.

The starting point is adjusted downwards because of the mitigating factors listed above.

After taking into account all the above factors we assess an appropriate penalty is $250 fine.


penalty:

Accordingly, we fine Ms Collett $250.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Ms S Collett - Rider of NOTTOOBAD


Otherperson: Mr J Oatham - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 2bce2a9e62d8ed3f7f245f69438e85ac


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 87052cbd8e7694fd6be99d3875b9f7e0


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/07/2013


meet_title: Counties RC - 10 July 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: counties-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: BScott


meet_pm2: none


name: Counties RC