Archive Decision

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Canterbury R 13 April 2019 – R 8 – Chair, Mr S Ching

ID: JCA17205

Applicant:
J Oatham, Stipendiary Steward

Respondent(s):
S Wynne, Licensed Jockey (Class A)

Information Number:
A5448

Hearing Type:
Hearing

New Charge:
Celebratory gesture

Rules:
638 (2)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 13 April 2019

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2019/04/13

Race Number:
R8

Decision:

Miss Wynne having admitted the breach; the charge was found proved.

Penalty:

Miss Wynne is fined the sum of $350.

Facts:

Following the running of Race 8, the Coca Cola Canterbury Gold Cup, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Jockey (Class A), Miss S Wynne, alleging that as the rider of WHO DARES WINS in the race, “made a celebratory gesture prior to the winning post”.

Miss Wynne was present at the hearing of the information, confirmed she understood the rule she was being charged with and that she admitted the breach.

Rule 638 (2) provides as follows:

(2) A Rider shall not make a celebratory gesture prior to his horse passing the winning post.

Mr Oatham showed video replays of the final stages of the race. He pointed out Miss Wynne riding WHO DARES WINS as the lead horse inside the 50m. Approximately 20m from the post, Miss Wynne, raised her whip and waved in a celebratory gesture. Mr Oatham stated that the films showed that Miss Wynne had made her celebratory gesture two strides from the finish line.

Miss Wynne stated that this was her very first time with a charge under this particular rule. She said she was just too excited, as she got beaten in the race last year and showed a bit too much emotion with today’s win.

Submissions for Penalty:

Mr Oatham told the Committee that Miss Wynne had a clear record under the Rule over the previous 12 months. He stated the JCA Penalty Guide provided a starting point for a breach of this rule was a fine of $300. He said that recent breaches in Group races, being S Collett in the Auckland Cup-$400, J Bayliss (2nd offence in a 12-month period) in a Group 1 at Waikato-$500. Todays race, he said, was a Group 3 race, which was an aggravating factor and submitted a fine in the vicinity of $300 be considered as penalty in this case.

Miss Wynne stated that previous penalties in Group races had been $500 and $400 for Group races with higher stakes. She said that this race was Group 3 with a total stake of $100,000 and asked that be taken into consideration when assessing penalty.

Reasons for Penalty:

In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $300 fine for a breach of this Rule. We determined there were aggravating factors to consider, being the Group 3 status and stake payable of $100,000. This aggravating factor we determined warranted an uplift in penalty which we set at $50. We therefore determined that a fine of $350 was an appropriate 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: e94e77973f9b635f3e875e0ed12d3fba


informantnumber: A5448


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Celebratory gesture


plea: admitted


penaltyrequired: 1


decisiondate: 16/04/2019


hearing_title: Canterbury R 13 April 2019 - R 8 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 8, the Coca Cola Canterbury Gold Cup, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Jockey (Class A), Miss S Wynne, alleging that as the rider of WHO DARES WINS in the race, “made a celebratory gesture prior to the winning post”.

Miss Wynne was present at the hearing of the information, confirmed she understood the rule she was being charged with and that she admitted the breach.

Rule 638 (2) provides as follows:

(2) A Rider shall not make a celebratory gesture prior to his horse passing the winning post.

Mr Oatham showed video replays of the final stages of the race. He pointed out Miss Wynne riding WHO DARES WINS as the lead horse inside the 50m. Approximately 20m from the post, Miss Wynne, raised her whip and waved in a celebratory gesture. Mr Oatham stated that the films showed that Miss Wynne had made her celebratory gesture two strides from the finish line.

Miss Wynne stated that this was her very first time with a charge under this particular rule. She said she was just too excited, as she got beaten in the race last year and showed a bit too much emotion with today’s win.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Miss Wynne having admitted the breach; the charge was found proved.


sumissionsforpenalty:

Mr Oatham told the Committee that Miss Wynne had a clear record under the Rule over the previous 12 months. He stated the JCA Penalty Guide provided a starting point for a breach of this rule was a fine of $300. He said that recent breaches in Group races, being S Collett in the Auckland Cup-$400, J Bayliss (2nd offence in a 12-month period) in a Group 1 at Waikato-$500. Todays race, he said, was a Group 3 race, which was an aggravating factor and submitted a fine in the vicinity of $300 be considered as penalty in this case.

Miss Wynne stated that previous penalties in Group races had been $500 and $400 for Group races with higher stakes. She said that this race was Group 3 with a total stake of $100,000 and asked that be taken into consideration when assessing penalty.


reasonsforpenalty:

In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $300 fine for a breach of this Rule. We determined there were aggravating factors to consider, being the Group 3 status and stake payable of $100,000. This aggravating factor we determined warranted an uplift in penalty which we set at $50. We therefore determined that a fine of $350 was an appropriate penalty.


penalty:

Miss Wynne is fined the sum of $350.


hearing_type: Hearing


Rules: 638 (2)


Informant: J Oatham, Stipendiary Steward


JockeysandTrainer: S Wynne, Licensed Jockey (Class A)


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 8b83173437a8e37169cf1576fc7896f0


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: 89301965bf41413c1fea36c23f828d5d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/04/2019


meet_title: Canterbury Racing - 13 April 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury Racing