Archive Decision

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Canterbury R 25 June 2016 – R 6 – Chair, Mr R McKenzie

ID: JCA16629

Applicant:
J M McLaughlin, Stipendiary Steward

Respondent(s):
D Chin, Licensed Apprentice Jockey (Class B)

Other Person:
W Harnett, Apprentice Jockey Mentor

Information Number:
A6386

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 25 June 2016

Meet Chair:
RMcKenzie

Meet Committee Member 1:
DJackson

Race Date:
2016/06/25

Race Number:
R6

Decision:

Mr Chin having admitted the charge, it was found proved.

Penalty:

Mr Chin’s Apprentice Jockey (Class B) licence is suspended from 26 June 2016 up to and including 8 July next – 2 riding days. The two meetings intended to be encompassed by that period are Otago on 30 June next and Ashburton on 8 July next.

Facts:

Following the running of Race 6, Accessman City Rating 65 (1400 metres), an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Apprentice Jockey (Class B), Mr D Chin, alleging that Mr Chin, as the rider of CHAMPOLLION in the race, “allowed his mount to shift in causing STRIKE UP THE BAND (R Cuneen) to be checked and BELLALEAH (R J Bishop) and PRIORITISE (S L Wynne) to be crowded and buffeted passing the 1250 metres”.

Mr Chin was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Apprentice Jockey Mentor, Mr Willy Harnett.

Rule 638 provides as follows:

(3) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

    (d) careless.

Mr McLaughlin showed head-on and side-on video replays of the first 400 metres of the race, a 1600 metres event. CHAMPOLLION, ridden by Mr Chin, had drawn barrier 8 in the 12-horse field. Stipendiary Steward, Mr M R Davidson, pointed out CHAMPOLLION crossing from its wide barrier, approximately 200 metres after the start. On its inside was STRIKE UP THE BAND, ridden by Mr Cuneen, on its inside was BELLALEAH, ridden by Mr Bishop, and on the inside of that runner and on the running rail was PRIORITISE, ridden by Miss Wynne. He then showed that Mr Chin had taken his mount in near the 1250 metres. Mr Cuneen could be seen to take hold of his mount, turn its head and its head went up. The two runners on the inside of STRIKE UP THE BAND were “buffeted” and PRIORITISE lost its position. Mr Davidson pointed out on a side-on video replay that Mr Cuneen could be seen to be restraining his mount and, at best, Mr Chin was 1¼ lengths clear at that point, he submitted.

Mr Harnett submitted there were two factors that had contributed. Firstly, he acknowledged that Mr Chin had come across “sharply”. Had he not done so, but come over more gradually, he would likely have not misjudged the situation as he did. Secondly, Mr Harnett submitted, STRIKE UP THE BAND was “overracing a little bit” and is known to do so. In addition, Miss Wynne had not helped by "hunting up" into the position she was in.

Submissions for Penalty:

Mr McLaughlin informed the Committee that Mr Chin’s record showed two previous breaches under the careless riding Rule – on 24th October 2015 (2 days) and 14th February 2016 (3 days). The level of carelessness in this case was in the low-mid range, Mr McLaughlin submitted. The breach was the result of a misjudgement on Mr Chin’s part. He submitted that a 2-days’ suspension was an appropriate penalty. He said that he would normally be asking for 3 days, having regard to Mr Chin’s record, but because there was only one race meeting per week in the South Island at this time of the year, he was submitting for a 2 weeks’ suspension which, in Mr Chin’s case, was 2 riding days. Mr Chin was not seeking a deferment, Mr McLaughlin said.

Mr McLaughlin said that a mitigating factor was, as submitted by Mr Harnett, that STRIKE UP THE BAND was a horse known to overrace if the rider touches its mouth. However, at no stage was Mr Chin clear and Miss Wynne’s mount lost its position after being buffeted, he said.

Mr Harnett said that he agreed with Mr McLaughlin that the breach was in the low-to-mid range. It did not warrant a one month’s suspension, which would be the effect of a 3-days’ suspension, he submitted. The Committee noted that the third day of a suspension, in this case, would be Oamaru on 17th July next, but Mr Harnett pointed out that it would be a month before the next race meeting at which he could ride – South Canterbury on 22nd July next.

Reasons for Penalty:

In determining penalty, the Committee had regard to the starting point for penalty as suggested in the Penalty Guide – 3 days’ suspension for a South Island rider, as Mr Chin is. We agreed with both Mr McLaughlin and Mr Harnett that the degree of carelessness was low-to-mid-range and, therefore, no uplift from the starting point was required on that ground. An aggravating factor was, however, Mr Chin’s record with two careless riding breaches in the last 8 months.

The sole mitigating factor in this case was Mr Chin’s very frank admission of the breach.

While the Committee would, in normal circumstances, have been looking to impose a suspension period of 3 days having regard to Mr Chin’s record, we have given weight to the submission of both Mr McLaughlin and Mr Harnett that, effectively, a suspension of 1 month would be an excessive one for this particular breach and are persuaded that a suspension for 2 riding days is a sufficient penalty.

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: ce5a51d33c044aca12da1bac699935d9


informantnumber: A6386


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 27/06/2016


hearing_title: Canterbury R 25 June 2016 - R 6 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 6, Accessman City Rating 65 (1400 metres), an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Apprentice Jockey (Class B), Mr D Chin, alleging that Mr Chin, as the rider of CHAMPOLLION in the race, “allowed his mount to shift in causing STRIKE UP THE BAND (R Cuneen) to be checked and BELLALEAH (R J Bishop) and PRIORITISE (S L Wynne) to be crowded and buffeted passing the 1250 metres”.

Mr Chin was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Apprentice Jockey Mentor, Mr Willy Harnett.

Rule 638 provides as follows:

(3) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

    (d) careless.

Mr McLaughlin showed head-on and side-on video replays of the first 400 metres of the race, a 1600 metres event. CHAMPOLLION, ridden by Mr Chin, had drawn barrier 8 in the 12-horse field. Stipendiary Steward, Mr M R Davidson, pointed out CHAMPOLLION crossing from its wide barrier, approximately 200 metres after the start. On its inside was STRIKE UP THE BAND, ridden by Mr Cuneen, on its inside was BELLALEAH, ridden by Mr Bishop, and on the inside of that runner and on the running rail was PRIORITISE, ridden by Miss Wynne. He then showed that Mr Chin had taken his mount in near the 1250 metres. Mr Cuneen could be seen to take hold of his mount, turn its head and its head went up. The two runners on the inside of STRIKE UP THE BAND were “buffeted” and PRIORITISE lost its position. Mr Davidson pointed out on a side-on video replay that Mr Cuneen could be seen to be restraining his mount and, at best, Mr Chin was 1¼ lengths clear at that point, he submitted.

Mr Harnett submitted there were two factors that had contributed. Firstly, he acknowledged that Mr Chin had come across “sharply”. Had he not done so, but come over more gradually, he would likely have not misjudged the situation as he did. Secondly, Mr Harnett submitted, STRIKE UP THE BAND was “overracing a little bit” and is known to do so. In addition, Miss Wynne had not helped by "hunting up" into the position she was in.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Chin having admitted the charge, it was found proved.


sumissionsforpenalty:

Mr McLaughlin informed the Committee that Mr Chin’s record showed two previous breaches under the careless riding Rule – on 24th October 2015 (2 days) and 14th February 2016 (3 days). The level of carelessness in this case was in the low-mid range, Mr McLaughlin submitted. The breach was the result of a misjudgement on Mr Chin’s part. He submitted that a 2-days’ suspension was an appropriate penalty. He said that he would normally be asking for 3 days, having regard to Mr Chin’s record, but because there was only one race meeting per week in the South Island at this time of the year, he was submitting for a 2 weeks’ suspension which, in Mr Chin’s case, was 2 riding days. Mr Chin was not seeking a deferment, Mr McLaughlin said.

Mr McLaughlin said that a mitigating factor was, as submitted by Mr Harnett, that STRIKE UP THE BAND was a horse known to overrace if the rider touches its mouth. However, at no stage was Mr Chin clear and Miss Wynne’s mount lost its position after being buffeted, he said.

Mr Harnett said that he agreed with Mr McLaughlin that the breach was in the low-to-mid range. It did not warrant a one month’s suspension, which would be the effect of a 3-days’ suspension, he submitted. The Committee noted that the third day of a suspension, in this case, would be Oamaru on 17th July next, but Mr Harnett pointed out that it would be a month before the next race meeting at which he could ride – South Canterbury on 22nd July next.


reasonsforpenalty:

In determining penalty, the Committee had regard to the starting point for penalty as suggested in the Penalty Guide – 3 days’ suspension for a South Island rider, as Mr Chin is. We agreed with both Mr McLaughlin and Mr Harnett that the degree of carelessness was low-to-mid-range and, therefore, no uplift from the starting point was required on that ground. An aggravating factor was, however, Mr Chin’s record with two careless riding breaches in the last 8 months.

The sole mitigating factor in this case was Mr Chin’s very frank admission of the breach.

While the Committee would, in normal circumstances, have been looking to impose a suspension period of 3 days having regard to Mr Chin’s record, we have given weight to the submission of both Mr McLaughlin and Mr Harnett that, effectively, a suspension of 1 month would be an excessive one for this particular breach and are persuaded that a suspension for 2 riding days is a sufficient penalty.


penalty:

Mr Chin’s Apprentice Jockey (Class B) licence is suspended from 26 June 2016 up to and including 8 July next – 2 riding days. The two meetings intended to be encompassed by that period are Otago on 30 June next and Ashburton on 8 July next.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: J M McLaughlin, Stipendiary Steward


JockeysandTrainer: D Chin, Licensed Apprentice Jockey (Class B)


Otherperson: W Harnett, Apprentice Jockey Mentor


PersonPresent:


Respondent:


StipendSteward:


raceid: 3632a3901917f393903f068a6ccdae4e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


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race_pm1:


race_pm2:


meetid: a4415bf8d75a82c755779eae3b96573c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/06/2016


meet_title: Canterbury Racing - 25 June 2016


meet_expappcomment:


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tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: RMcKenzie


meet_pm1: DJackson


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name: Canterbury Racing