Archive Decision

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Canterbury JC 8 November 2014 – R 2

ID: JCA14671

Applicant:
Mr R Neal - Co Chief Stipendiary Steward

Respondent(s):
Ms S Wynne - Licensed Apprentice Jockey

Other Person:
Mr N Coulbeck - Licensed Trainer assisting Ms Wynne

Information Number:
A3323

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
Rule 638(1) A rider shall not ride a horse in a manner which the Judicial Committee considers to be:, (d) careless

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 8 November 2014

Meet Chair:
KHales

Meet Committee Member 1:
RMcKenzie

Race Date:
2014/11/08

Race Number:
R2

Decision:

As Ms Wynne had admitted the breach of the rule, it is thereby deemed to be proved.

Penalty:

Ms Wynne will be suspended for a period of 5 riding days. Her application for a deferment of the coming into effect of the penalty is granted. Her period of suspension will therefore commence at the conclusion of racing on Saturday 15th November 2014, and conclude at the end of racing on Friday 28th November 2014. That will take into account meetings at Woodville (19th), Invercargill (20th), New Plymouth (21st), Palmerston North (22nd) and Winton 28th November, 2014.

Facts:

The Stipendiary Stewards alleged that Ms Wynne, the rider of Percy Possum in "The Paint Lab Hornby Premier" allowed her mount to shift ground inwards when insufficiently clear of Terelle (M Cropp) which clipped a heel and blundered passing the 1100 metres.

The fact situation was demonstrated on video coverage from the head on and side on views, by Stipendiary Steward M Davidson. As the field approached the 1100 metres mark, Ms Wynne angled her mount across the line of Terelle.  At that time, Ms Wynne was barely her own length clear of Mr Cropp's mount. The consequences of her action were that Terelle, clipped the heels of Percy Possum, which dipped its head and in racing parlance, "blundered".

In explanation, Ms Wynne said that she and Mr Cropp were "going forward", and that she asked him if he was going to continue to go forward. He replied that he was not. As a consequence, Ms Wynne went across, but clearly in all of the circumstances, did not allow Mr Cropp enough room. Ms Wynne's employer, Mr N Coulbeck, Licensed Trainer, said that there was no malice involved and that Ms Wynne had misjudged the situation.

Submissions for Penalty:

Mr Neal submitted that in the Stewards' opinion, the level of carelessness was in the "mid-range". She put Mr Cropp under some pressure and caused Mr Cropp to clip heels.

He advised the committee that Ms Wynne has received three suspensions for careless riding in the last 12 months, namely 2 days in April, 3 days in June and 3 days as recently as the 26th August. He said that, having regard to the fact that she is a "busy" rider, riding not only in the South Island, but also in the Central Districts, that such a record could be described as a "fair" record. He also believed that as it was a Premier day, it was an aggravating factor which we should take into account.

Ms Wynne did not have any specific submissions to make but applied for a deferment of the coming into effect of the period of suspension. She said that she would be looking for as many rides as she could get in the foreseeable future as she was going to Ireland over Christmas.

Reasons for Penalty:

Our starting point for the imposition for penalty is that as provided for in the Judicial Control Authority's Penalty Guide, namely, a suspension of 5 riding days.

We must also take into account, aggravating and mitigating factors.

The aggravating factors are that:

Riding safety was compromised. Mr Cropp's mount clipped heels and could easily have fallen;

The degree of seriousness was described by the Stipendiary Stewards as "mid-range". We agree with that.

Ms Wynne has three breaches of the rule in the last twelve months;

The aggravating factors provide an uplift on our starting point of 2 days making our starting point a suspension of 7 days.

Against that we must take into account the mitigating factors which are:

Ms Wynne's early admission of the breach;

Her co-operation with the Stipendiary Stewards and her candid manner in the Judicial hearing;

Her obvious demonstration of remorse. She admitted she had made an error of judgment which could have had consequences.

The fact that she is a busy rider, riding primarily in the South Island and in the Central Districts.

The mitigating factors allow us to give Ms Wynne a discount of 2 days on our starting point of 2 days, making the period of suspension 5 days. It should be noted, that whilst it was a Premier day that we do not place a lot of emphasis on that, as it was not a "Premier" race.

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: 6f8ad2f5b3b0374162f24449c859dccf


informantnumber: A3323


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 01/11/2014


hearing_title: Canterbury JC 8 November 2014 - R 2


charge:


facts:

The Stipendiary Stewards alleged that Ms Wynne, the rider of Percy Possum in "The Paint Lab Hornby Premier" allowed her mount to shift ground inwards when insufficiently clear of Terelle (M Cropp) which clipped a heel and blundered passing the 1100 metres.

The fact situation was demonstrated on video coverage from the head on and side on views, by Stipendiary Steward M Davidson. As the field approached the 1100 metres mark, Ms Wynne angled her mount across the line of Terelle.  At that time, Ms Wynne was barely her own length clear of Mr Cropp's mount. The consequences of her action were that Terelle, clipped the heels of Percy Possum, which dipped its head and in racing parlance, "blundered".

In explanation, Ms Wynne said that she and Mr Cropp were "going forward", and that she asked him if he was going to continue to go forward. He replied that he was not. As a consequence, Ms Wynne went across, but clearly in all of the circumstances, did not allow Mr Cropp enough room. Ms Wynne's employer, Mr N Coulbeck, Licensed Trainer, said that there was no malice involved and that Ms Wynne had misjudged the situation.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Wynne had admitted the breach of the rule, it is thereby deemed to be proved.


sumissionsforpenalty:

Mr Neal submitted that in the Stewards' opinion, the level of carelessness was in the "mid-range". She put Mr Cropp under some pressure and caused Mr Cropp to clip heels.

He advised the committee that Ms Wynne has received three suspensions for careless riding in the last 12 months, namely 2 days in April, 3 days in June and 3 days as recently as the 26th August. He said that, having regard to the fact that she is a "busy" rider, riding not only in the South Island, but also in the Central Districts, that such a record could be described as a "fair" record. He also believed that as it was a Premier day, it was an aggravating factor which we should take into account.

Ms Wynne did not have any specific submissions to make but applied for a deferment of the coming into effect of the period of suspension. She said that she would be looking for as many rides as she could get in the foreseeable future as she was going to Ireland over Christmas.


reasonsforpenalty:

Our starting point for the imposition for penalty is that as provided for in the Judicial Control Authority's Penalty Guide, namely, a suspension of 5 riding days.

We must also take into account, aggravating and mitigating factors.

The aggravating factors are that:

Riding safety was compromised. Mr Cropp's mount clipped heels and could easily have fallen;

The degree of seriousness was described by the Stipendiary Stewards as "mid-range". We agree with that.

Ms Wynne has three breaches of the rule in the last twelve months;

The aggravating factors provide an uplift on our starting point of 2 days making our starting point a suspension of 7 days.

Against that we must take into account the mitigating factors which are:

Ms Wynne's early admission of the breach;

Her co-operation with the Stipendiary Stewards and her candid manner in the Judicial hearing;

Her obvious demonstration of remorse. She admitted she had made an error of judgment which could have had consequences.

The fact that she is a busy rider, riding primarily in the South Island and in the Central Districts.

The mitigating factors allow us to give Ms Wynne a discount of 2 days on our starting point of 2 days, making the period of suspension 5 days. It should be noted, that whilst it was a Premier day that we do not place a lot of emphasis on that, as it was not a "Premier" race.


penalty:

Ms Wynne will be suspended for a period of 5 riding days. Her application for a deferment of the coming into effect of the penalty is granted. Her period of suspension will therefore commence at the conclusion of racing on Saturday 15th November 2014, and conclude at the end of racing on Friday 28th November 2014. That will take into account meetings at Woodville (19th), Invercargill (20th), New Plymouth (21st), Palmerston North (22nd) and Winton 28th November, 2014.


hearing_type: Hearing


Rules: Rule 638(1) A rider shall not ride a horse in a manner which the Judicial Committee considers to be:, (d) careless


Informant: Mr R Neal - Co Chief Stipendiary Steward


JockeysandTrainer: Ms S Wynne - Licensed Apprentice Jockey


Otherperson: Mr N Coulbeck - Licensed Trainer assisting Ms Wynne


PersonPresent:


Respondent:


StipendSteward:


raceid: 693727b43b441594c47f8bfcfacc86dc


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


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meetid: 64a0cb5bf059f59c9216b91bcaffdd53


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/11/2014


meet_title: Canterbury Racing - 8 November 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: KHales


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury Racing