Archive Decision

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R Tauranga 1 August 2012 – R 7

ID: JCA17641

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Mrs T Thornton - Licensed Rider

Other Person:
Mr W Robinson - Stipendiary Steward

Information Number:
A4531

Hearing Type:
Hearing

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Tauranga - 1 August 2012

Meet Chair:
ADooley

Meet Committee Member 1:
JHolloway

Race Date:
2012/08/01

Race Number:
R 7

Decision:

As Mrs Thornton admitted the breach, we find the charge proved.

Penalty:

Accordingly, we impose a fine of $250 on Mrs Thornton.

Charge:

Following race 7, an information was filed pursuant to Rule 638(3)(b). The informant, Mr Oatham alleged that Mrs T Thornton used the whip excessively on IMOGEN'S BROTHER.

Mr Oatham read the rule and Mrs Thornton acknowledged that she understood it.

Facts:

Mr Robinson demonstrated the incident by using the available films. He pointed out to the committee that Mrs Thornton used her whip 22 times prior to the 200 metre mark. He said although Mrs Thornton did pause between some of her strikes, she did not give her mount the required respite of 6 strides. He said Mrs Thornton was normally very good under this rule.

Mrs Thornton told the committee that her mount was a lazy horse and would not have won the race if she hadn't ridden with vigour. Mrs Thornton passed further comment that she would have preferred a warning for the breach as this was her first charge.

Submissions for Penalty:

Mr Oatham produced Mrs Thornton’s record which showed she had a clear record under this rule in the last 12 months. He reminded Mrs Thornton that she had been warned previously under this rule. He submitted the rule was in place for very good reasons which included animal welfare, riders to compete within the guidelines. He submitted this breach was an obvious one and was aggravated by the fact Mrs Thornton mount won the race. Mr Oatham submitted a penalty in the $200 to $400 range.

Mrs Thornton submitted a fine was acceptable however, felt $100 was appropriate.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions presented. The mitigating factors are Mrs Thornton's admission of the breach and her very good record. However, this has to be balanced against the high number of strikes and the severity. We assess this breach to be mid range. We referred to the JCA penalty guide which showed a starting point of $300 under this rule. Finally, we referred to the JCA listing of penalties. This showed taking into account all the above factors an appropriate penalty was a $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: fdb4b9cabcf5511d95bf63f04248973e


informantnumber: A4531


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 26/07/2012


hearing_title: R Tauranga 1 August 2012 - R 7


charge:

Following race 7, an information was filed pursuant to Rule 638(3)(b). The informant, Mr Oatham alleged that Mrs T Thornton used the whip excessively on IMOGEN'S BROTHER.

Mr Oatham read the rule and Mrs Thornton acknowledged that she understood it.


facts:

Mr Robinson demonstrated the incident by using the available films. He pointed out to the committee that Mrs Thornton used her whip 22 times prior to the 200 metre mark. He said although Mrs Thornton did pause between some of her strikes, she did not give her mount the required respite of 6 strides. He said Mrs Thornton was normally very good under this rule.

Mrs Thornton told the committee that her mount was a lazy horse and would not have won the race if she hadn't ridden with vigour. Mrs Thornton passed further comment that she would have preferred a warning for the breach as this was her first charge.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mrs Thornton admitted the breach, we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mrs Thornton’s record which showed she had a clear record under this rule in the last 12 months. He reminded Mrs Thornton that she had been warned previously under this rule. He submitted the rule was in place for very good reasons which included animal welfare, riders to compete within the guidelines. He submitted this breach was an obvious one and was aggravated by the fact Mrs Thornton mount won the race. Mr Oatham submitted a penalty in the $200 to $400 range.

Mrs Thornton submitted a fine was acceptable however, felt $100 was appropriate.


reasonsforpenalty:

The committee carefully considered all the evidence and submissions presented. The mitigating factors are Mrs Thornton's admission of the breach and her very good record. However, this has to be balanced against the high number of strikes and the severity. We assess this breach to be mid range. We referred to the JCA penalty guide which showed a starting point of $300 under this rule. Finally, we referred to the JCA listing of penalties. This showed taking into account all the above factors an appropriate penalty was a $250 fine.


penalty:

Accordingly, we impose a fine of $250 on Mrs Thornton.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Mrs T Thornton - Licensed Rider


Otherperson: Mr W Robinson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 6814fe3c0ac795d864eedb09f911d9ba


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 68469ce76826f9e5183a920e5e88e80f


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/08/2012


meet_title: Racing Tauranga - 1 August 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-tauranga


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: JHolloway


meet_pm2: none


name: Racing Tauranga