Canterbury JC 6 June 2018 – R 6 – Chair, Mr R McKenzie
ID: JCA17189
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 6 June 2018
Meet Chair:
RMcKenzie
Race Date:
2018/06/06
Race Number:
R6
Decision:
Mr Moseley having admitted the breach, the charge was found proved.
Penalty:
Mr Moseley’s Jockey’s Licence (Class A) is suspended for the period commencing from after the conclusion of racing on Sunday, 10 June 2018, up to and including Wednesday, 20 June 2018 – 6 national riding days.
Facts:
Following the running of Race 6, The Preakness & Belmont 2019 With “Wheels” Maiden, an Information was filed by Stipendiary Steward, Mr JM McLaughlin, against Licensed Jockey (Class A), Mr TR Moseley, alleging a breach of Rule 638(1)(d) in that Mr Moseley “allowed his mount CHORISTER to shift in when not fully clear of JIMINY CRICKET (JR Lowry) who clipped a heel, blundered and unbalanced the rider passing the 1100 metres”.
Mr Moseley had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. He was present at the hearing of the Information and he confirmed that he admitted the breach. The breach was found proved accordingly.
Rule 638 provides as follows:
(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.
Mr McLaughlin had Stipendiary Steward, Mr D M Wadley, show video replays of the incident, approximately 300 metres after the start of the 1400 metres race. Mr Wadley pointed out CHORISTER, ridden by Mr Moseley, racing midfield and away from the rail with JIMINY CRICKET, ridden by Mr Lowry, racing behind and to the inside of Mr Moseley. Mr Wadley then pointed out Mr Moseley shift in, when not clear of Mr Lowry, as a result of which Mr Lowry’s mount clipped a heel, blundered with Mr Lowry becoming unbalanced.
Mr McLaughlin described the incident as “low end careless with mid-to-high end consequences”. Mr Lowry had told the Stewards that his horse did not want to get near the rail. It was having its first start in blinkers and was not racing that tractably, but was entitled to its line of running.
Mr Moseley agreed that Mr Lowry was entitled to his line of running and accepted that he had shifted. He said that the pace may have slackened slightly at that stage of the race. He had been following another runner and was trying to ease of its heels.
Mr Moseley suggested that his horse may have “dipped” once in the heavy ground and he pointed out on the video its low head carriage which, he said, made it a little difficult to steer. Its inwards movement, which Mr Moseley admitted he had allowed, may have been a little exaggerated. He was not aware of Mr Lowry’s presence and Mr Lowry had not called.
Submissions for Penalty:
Mr McLaughlin said that Mr Moseley’s record was an excellent one with no suspensions in the last 12 months. In addition, he had frankly admitted the breach at an early stage, for which factors he should receive credit, Mr McLaughlin submitted. He left it to the Committee to decide the appropriate number of days.
It was determined that declaration of riders for the Waimate RC meeting on 10th June had closed earlier in the day so any period of suspension would have to commence after that date. Mr Moseley did not seek any further deferment of suspension.
In relation to penalty, Mr Moseley referred to his riding record as given by Mr McLaughlin.
Reasons for Penalty:
In determining penalty, the Committee had regard to the Penalty Guide starting points for breaches of the careless riding Rule. The starting point is to be assessed according to the level of carelessness.
In this case, the Committee adopts a starting point of 7 national riding days. The starting point for a “low range” breach is 6 days and for a “medium range” breach is 8 days. Looking at the degree of carelessness in this case, the actual degree of carelessness was at the low level. Mr Moseley had made an error of judgement. However, the consequences were at least mid-range, given the degree of interference to Mr Lowry’s mount, and would have been worse had that horse fallen. In the circumstances, the Committee has taken a starting point for penalty of 7 national riding days.
Mr Moseley has admitted the breach and has a record which can fairly be described as excellent, with no previous careless riding charges in the past 12 months. He is entitled to credit for those factors. The Committee fixes the appropriate discount at 1 day.
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: e743bba9186b43292ffc49b926a65f4d
informantnumber: A8618
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 08/06/2018
hearing_title: Canterbury JC 6 June 2018 - R 6 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 6, The Preakness & Belmont 2019 With “Wheels” Maiden, an Information was filed by Stipendiary Steward, Mr JM McLaughlin, against Licensed Jockey (Class A), Mr TR Moseley, alleging a breach of Rule 638(1)(d) in that Mr Moseley “allowed his mount CHORISTER to shift in when not fully clear of JIMINY CRICKET (JR Lowry) who clipped a heel, blundered and unbalanced the rider passing the 1100 metres”.
Mr Moseley had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. He was present at the hearing of the Information and he confirmed that he admitted the breach. The breach was found proved accordingly.
Rule 638 provides as follows:
(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.
Mr McLaughlin had Stipendiary Steward, Mr D M Wadley, show video replays of the incident, approximately 300 metres after the start of the 1400 metres race. Mr Wadley pointed out CHORISTER, ridden by Mr Moseley, racing midfield and away from the rail with JIMINY CRICKET, ridden by Mr Lowry, racing behind and to the inside of Mr Moseley. Mr Wadley then pointed out Mr Moseley shift in, when not clear of Mr Lowry, as a result of which Mr Lowry’s mount clipped a heel, blundered with Mr Lowry becoming unbalanced.
Mr McLaughlin described the incident as “low end careless with mid-to-high end consequences”. Mr Lowry had told the Stewards that his horse did not want to get near the rail. It was having its first start in blinkers and was not racing that tractably, but was entitled to its line of running.
Mr Moseley agreed that Mr Lowry was entitled to his line of running and accepted that he had shifted. He said that the pace may have slackened slightly at that stage of the race. He had been following another runner and was trying to ease of its heels.
Mr Moseley suggested that his horse may have “dipped” once in the heavy ground and he pointed out on the video its low head carriage which, he said, made it a little difficult to steer. Its inwards movement, which Mr Moseley admitted he had allowed, may have been a little exaggerated. He was not aware of Mr Lowry’s presence and Mr Lowry had not called.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Moseley having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McLaughlin said that Mr Moseley’s record was an excellent one with no suspensions in the last 12 months. In addition, he had frankly admitted the breach at an early stage, for which factors he should receive credit, Mr McLaughlin submitted. He left it to the Committee to decide the appropriate number of days.
It was determined that declaration of riders for the Waimate RC meeting on 10th June had closed earlier in the day so any period of suspension would have to commence after that date. Mr Moseley did not seek any further deferment of suspension.
In relation to penalty, Mr Moseley referred to his riding record as given by Mr McLaughlin.
reasonsforpenalty:
In determining penalty, the Committee had regard to the Penalty Guide starting points for breaches of the careless riding Rule. The starting point is to be assessed according to the level of carelessness.
In this case, the Committee adopts a starting point of 7 national riding days. The starting point for a “low range” breach is 6 days and for a “medium range” breach is 8 days. Looking at the degree of carelessness in this case, the actual degree of carelessness was at the low level. Mr Moseley had made an error of judgement. However, the consequences were at least mid-range, given the degree of interference to Mr Lowry’s mount, and would have been worse had that horse fallen. In the circumstances, the Committee has taken a starting point for penalty of 7 national riding days.
Mr Moseley has admitted the breach and has a record which can fairly be described as excellent, with no previous careless riding charges in the past 12 months. He is entitled to credit for those factors. The Committee fixes the appropriate discount at 1 day.
penalty:
Mr Moseley’s Jockey’s Licence (Class A) is suspended for the period commencing from after the conclusion of racing on Sunday, 10 June 2018, up to and including Wednesday, 20 June 2018 – 6 national riding days.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr JM McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr TR Moseley - Licensed Jockey (Class A)
Otherperson: Mr DM Wadley - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: de038756c62864137329352ff7fbf1cc
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
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meetdate: 06/06/2018
meet_title: Canterbury Racing - 6 June 2018
meet_expappcomment:
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meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
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name: Canterbury Racing