Archive Decision

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South Canterbury RC 2 May 2021 – R 8 – Chair, Mr S Ching

ID: JCA14498

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Miss S Wynne Class A Rider

Other Person:
Mr M Davidson - Stipendiary Steward

Information Number:
A11967

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
South Canterbury RC - 2 May 2021

Meet Chair:
SChing

Race Date:
2021/05/02

Race Number:
R8

Decision:

As Miss Wynne had admitted the breach, the charge was found proved.

Penalty:

Accordingly, Miss Wynne’s Class A Jockey Licence is suspended from the conclusion of racing 12 May 2021 up to and including 20 May 2021 and a $400 fine is imposed.

Facts:

Following the running of Race 8, the Dominator Doors 2200m, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class A Rider, Miss S Wynne, alleging careless riding in that she allowed her mount, SEE WHATA PRINCESS, to shift in when not clear of WENDY DARLING who clipped a heel and blundered near the 1700m.

R 638(1)(d) reads as follows;
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless"

Miss Wynne had indicated on the Information that this breach of the Rules was admitted, which she confirmed at the hearing. Miss Wynne also acknowledged that she understood the charge and the Rule it was brought under.

Mr Oatham gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr M Davidson, to show that approaching the 1700m, SEE WHATA PRINCESS, ridden by Miss Wynne, was racing three off the rail with WENDY DARLING, ridden by Miss T Jonker, positioned to the inside of Miss Wynne with DIAMOND RIVIERA, ridden by Mr R Beeharry on the rail. Mr Davidson pointed out Miss Wynne shift in at the 1700m, in order to take up the lead position on the rail and in doing so was not clear of Miss Jonker in this manoeuvre, in fact only ¾ of a length clear. As a result, Miss Jonker's mount, WENDY DARLING, clipped a heel and blundered.

Miss Wynne stated that she had believed she was clear of Miss Jonker’s mount but clearly had made an error of judgement.

Submissions for Penalty:

Mr Oatham stated that Miss Wynne’s record showed 2 previous breaches over the prior 12 months being at Southland on 17 July 2020 where a 3-day suspension was imposed for a mid-range breach and Canterbury on 14 November where she received a 5-day suspension for a low to mid-range breach. He said that Miss Wynne's statistics showed 391 rides over the previous 12 months and 210 since her last breach. Mr Oatham proposed that Miss Wynne’s record be considered a neutral factor in this case. Mr Oatham submitted that the breach was mid to high range and a penalty in recognition of that level of offence be considered.

Miss Wynne made application for a deferment of penalty until after racing on 12 May at Ashburton where she had commitments. She added that a fine at the $500 level on top of any suspension imposed would create financial hardship for her, as it would for any South Island riders, and asked for leniency in regard to the fine.

Reasons for Penalty:

This Committee agreed with the Stewards that the breach was mid to high-range. The Penalty Guide provides a 5 National day suspension and $500 fine as starting point for a mid-range breach of this Rule with a 9 National day starting point for a high range offence.
The Committee therefore adopted a 7 National day and $500 starting point. The Committee determined that there were no aggravating factors to consider, therefore no uplift warranted.
The mitigating factor is Miss Wynne’s frank admission of the breach which warrants a discount. This discount I set at 1 day. The starting point of a $500 fine is reduced by $100 to $400 to alleviate to some degree any financial hardship for Miss Wynne as it would for most South Island riders with the current Penalty Guide settings. We therefore determined that a 6 National Day suspension and $400 fine was an appropriate penalty in this case.

Miss Wynne’s request for deferment until after racing at Ashburton on 12 May was granted.

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: 8a4a8733254067932c75801418dce020


informantnumber: A11967


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 04/05/2021


hearing_title: South Canterbury RC 2 May 2021 - R 8 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 8, the Dominator Doors 2200m, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class A Rider, Miss S Wynne, alleging careless riding in that she allowed her mount, SEE WHATA PRINCESS, to shift in when not clear of WENDY DARLING who clipped a heel and blundered near the 1700m.

R 638(1)(d) reads as follows;
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless"

Miss Wynne had indicated on the Information that this breach of the Rules was admitted, which she confirmed at the hearing. Miss Wynne also acknowledged that she understood the charge and the Rule it was brought under.

Mr Oatham gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr M Davidson, to show that approaching the 1700m, SEE WHATA PRINCESS, ridden by Miss Wynne, was racing three off the rail with WENDY DARLING, ridden by Miss T Jonker, positioned to the inside of Miss Wynne with DIAMOND RIVIERA, ridden by Mr R Beeharry on the rail. Mr Davidson pointed out Miss Wynne shift in at the 1700m, in order to take up the lead position on the rail and in doing so was not clear of Miss Jonker in this manoeuvre, in fact only ¾ of a length clear. As a result, Miss Jonker's mount, WENDY DARLING, clipped a heel and blundered.

Miss Wynne stated that she had believed she was clear of Miss Jonker’s mount but clearly had made an error of judgement.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss Wynne had admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Oatham stated that Miss Wynne’s record showed 2 previous breaches over the prior 12 months being at Southland on 17 July 2020 where a 3-day suspension was imposed for a mid-range breach and Canterbury on 14 November where she received a 5-day suspension for a low to mid-range breach. He said that Miss Wynne's statistics showed 391 rides over the previous 12 months and 210 since her last breach. Mr Oatham proposed that Miss Wynne’s record be considered a neutral factor in this case. Mr Oatham submitted that the breach was mid to high range and a penalty in recognition of that level of offence be considered.

Miss Wynne made application for a deferment of penalty until after racing on 12 May at Ashburton where she had commitments. She added that a fine at the $500 level on top of any suspension imposed would create financial hardship for her, as it would for any South Island riders, and asked for leniency in regard to the fine.


reasonsforpenalty:

This Committee agreed with the Stewards that the breach was mid to high-range. The Penalty Guide provides a 5 National day suspension and $500 fine as starting point for a mid-range breach of this Rule with a 9 National day starting point for a high range offence.
The Committee therefore adopted a 7 National day and $500 starting point. The Committee determined that there were no aggravating factors to consider, therefore no uplift warranted.
The mitigating factor is Miss Wynne’s frank admission of the breach which warrants a discount. This discount I set at 1 day. The starting point of a $500 fine is reduced by $100 to $400 to alleviate to some degree any financial hardship for Miss Wynne as it would for most South Island riders with the current Penalty Guide settings. We therefore determined that a 6 National Day suspension and $400 fine was an appropriate penalty in this case.

Miss Wynne’s request for deferment until after racing at Ashburton on 12 May was granted.


penalty:

Accordingly, Miss Wynne’s Class A Jockey Licence is suspended from the conclusion of racing 12 May 2021 up to and including 20 May 2021 and a $400 fine is imposed.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Miss S Wynne Class A Rider


Otherperson: Mr M Davidson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 99e60f39d57d865f3b2ac633f395e7dd


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: 18fd1083d11cc95f3ccbf7df3d741ad7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 1


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/05/2021


meet_title: South Canterbury RC - 2 May 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: south-canterbury-rc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: none


meet_pm2: none


name: South Canterbury RC