Canterbury R 14 November 2012 – R 1
ID: JCA14209
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 14 November 2012
Meet Chair:
KHales
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/11/14
Race Number:
R1
Decision:
As Mr Stewart has admitted the charge, it is deemed to be proved.
Penalty:
Mr Stewart's rider's licence is suspended for 4 New Zealand race days, which the period of suspension will come into effect at the conclusion of racing on Sunday 18th November 2012 and end at the conclusion of racing on Friday 23rd November 2012.
Charge:
It was alleged by the Stipendiary Stewards that near the 1700 metres mark, that Mr B Stewart, rider of "Hydrogen" permitted his mount to shift in when not clear of "Free Serve" (O Bosson) which had to be checked.
Facts:
The video recording of the incident was shown to the hearing by Mr M Zarb, Stipendiary Steward. He pointed out how Mr Stewart when riding in a three wide position moved to a two wide position when not his own length and another length clear of Mr Bosson's mount. Prior to Mr Stewart moving in, there was a gap available for Mr Bosson, which he was entitled to take, but Mr Stewart's action by moving in when not clear, prevented Mr Bosson from taking that gap, and "Free Serve" was checked in the process.
Submissions for Penalty:
The Stipendiary Stewards advised the hearing that Mr Stewart had received 3 suspensions of his rider's licence in the current season, on 1st and 23rd August 2012 and 3rd September 2012. The Stipendiary Stewards considered that a suspension was warranted equivalent to about 4 New Zealand race days. They further said that the degree of carelessness was at the lower end of the scale.
Mr Stewart said that he was a busy rider, riding as often 4-5 days per week.
Reasons for Penalty:
Our starting point for a charge of careless riding is a suspension of 5 days but against that we must take into account aggravating and mitigating features. The aggravating feature in this case is that Mr Stewart's record is not particularly good, having already incurred three suspensions in the current season. Having said that, however, we accept that Mr Stewart is a busy rider, and thus the aggravating feature provides an uplift on our starting point of 1 day only.
Against that, we allow as mitigating features, Mr Stewart's early admission of the charge and the fact that the degree of carelessness, was at the lower end of the scale. This enables us to discount the starting point by 2 days, making the period of suspension, 4 days.
Mr Stewart has applied for a deferrment of the coming into effect of the period of suspension, as he has riding engagements in New Zealand and Australia approaching. That application is 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: a7a0fe44df8c4072af336ef87db9d918
informantnumber: A1363
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/11/2012
hearing_title: Canterbury R 14 November 2012 - R 1
charge:
It was alleged by the Stipendiary Stewards that near the 1700 metres mark, that Mr B Stewart, rider of "Hydrogen" permitted his mount to shift in when not clear of "Free Serve" (O Bosson) which had to be checked.
facts:
The video recording of the incident was shown to the hearing by Mr M Zarb, Stipendiary Steward. He pointed out how Mr Stewart when riding in a three wide position moved to a two wide position when not his own length and another length clear of Mr Bosson's mount. Prior to Mr Stewart moving in, there was a gap available for Mr Bosson, which he was entitled to take, but Mr Stewart's action by moving in when not clear, prevented Mr Bosson from taking that gap, and "Free Serve" was checked in the process.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Stewart has admitted the charge, it is deemed to be proved.
sumissionsforpenalty:
The Stipendiary Stewards advised the hearing that Mr Stewart had received 3 suspensions of his rider's licence in the current season, on 1st and 23rd August 2012 and 3rd September 2012. The Stipendiary Stewards considered that a suspension was warranted equivalent to about 4 New Zealand race days. They further said that the degree of carelessness was at the lower end of the scale.
Mr Stewart said that he was a busy rider, riding as often 4-5 days per week.
reasonsforpenalty:
Our starting point for a charge of careless riding is a suspension of 5 days but against that we must take into account aggravating and mitigating features. The aggravating feature in this case is that Mr Stewart's record is not particularly good, having already incurred three suspensions in the current season. Having said that, however, we accept that Mr Stewart is a busy rider, and thus the aggravating feature provides an uplift on our starting point of 1 day only.
Against that, we allow as mitigating features, Mr Stewart's early admission of the charge and the fact that the degree of carelessness, was at the lower end of the scale. This enables us to discount the starting point by 2 days, making the period of suspension, 4 days.
Mr Stewart has applied for a deferrment of the coming into effect of the period of suspension, as he has riding engagements in New Zealand and Australia approaching. That application is granted.
penalty:
Mr Stewart's rider's licence is suspended for 4 New Zealand race days, which the period of suspension will come into effect at the conclusion of racing on Sunday 18th November 2012 and end at the conclusion of racing on Friday 23rd November 2012.
hearing_type: Hearing
Rules: Rule 638 (1), A Rider shall not ride a horse in a manner which a Judicial Committee considers to be:, (d) careless
Informant: Mr RL Neal - Co-Chief Stipendiary Steward
JockeysandTrainer: Mr B Stewart - Licensed Jockey
Otherperson: Mr M Zarb - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 1f0adb026976f73615b77436cc0f7b59
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 584d32d2ef2fb1a9291e0a6e81061e06
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/11/2012
meet_title: Canterbury Racing - 14 November 2012
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