R Tauranga 20 March 2021 – R 4 – Chair, Hon J W Gendall QC
ID: JCA10694
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 20 March 2021
Meet Chair:
WGendall
Meet Committee Member 1:
BScott
Race Date:
2021/03/20
Race Number:
R 4
Decision:
As Ms Newman admitted the charge, it was deemed proved.
Penalty:
From the starting point of 5 days suspension, fixed an uplift to 7 days. The "Guide" for the fine level ($500) is not imposed. Rather:
a) The fine is fixed at $250.
b) Ms Newman's licence is suspended for 7 days to commence at the end of racing at Counties on 24 March 2021 and to finish at the end of racing at Ashburton on 7 April 2021.
Facts:
Following the running of Race 4 the Mills Reef Winery 1200, Mr B Jones, Stipendiary Steward presented an Information alleging that Class B Licence Apprentice Jockey, Ms T Newman, committed a breach of Rule 638(1)(d), namely that she rode her mount IRISH GIRL carelessly. Ms Newman admitted the charge. She said she understood the Careless Riding Rule 638(1)(d) and did not require it to be read to her.
The Informant alleged that Ms Newman permitted her mount IRISH GIRL to move in and shift near the 50 metres when not the required distance clear of NEW YORK JAZZ which had to be steadied when this happened.
Stipendiary Steward Ms V Algar illustrated from the race films the incident and Ms Newman's movement inwards which, we conclude, probably cost NEW YORK JAZZ 4th place. Ms Newman's mount finished second.
Submissions for Penalty:
The Stipendiary Steward's opinion evidence was that the careless riding fell within the mid and low ranges. We accept that evidence. The Penalty Guide provides a starting point - but that is not necessarily the end point - of a $250 fine and a 4 day suspension for low range and a $500 fine and a 5 day suspension for mid range.
Mr Harris' submission was that the breach was "very low end" and simply a lapse of judgment.
Reasons for Penalty:
We have taken a starting point of 5 days suspension, and a $250 fine. There needs to be factored into the penalty sanction these aggravating factors:
a) Ms Newman has had 4 breaches of the Rule over the past year.
b) Of concern, she was suspended for 5 days and fined $500 for a mid range breach on 10 February 2021.
c) Her actions cost the connections of NEW YORK JAZZ, as well as first 4 punters, of the benefit of 4th place.
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: 107e6f5ddf36aff7dec6b1fbe2f583ff
informantnumber: A14403
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 24/03/2021
hearing_title: R Tauranga 20 March 2021 - R 4 - Chair, Hon J W Gendall QC
charge:
facts:
Following the running of Race 4 the Mills Reef Winery 1200, Mr B Jones, Stipendiary Steward presented an Information alleging that Class B Licence Apprentice Jockey, Ms T Newman, committed a breach of Rule 638(1)(d), namely that she rode her mount IRISH GIRL carelessly. Ms Newman admitted the charge. She said she understood the Careless Riding Rule 638(1)(d) and did not require it to be read to her.
The Informant alleged that Ms Newman permitted her mount IRISH GIRL to move in and shift near the 50 metres when not the required distance clear of NEW YORK JAZZ which had to be steadied when this happened.
Stipendiary Steward Ms V Algar illustrated from the race films the incident and Ms Newman's movement inwards which, we conclude, probably cost NEW YORK JAZZ 4th place. Ms Newman's mount finished second.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Newman admitted the charge, it was deemed proved.
sumissionsforpenalty:
The Stipendiary Steward's opinion evidence was that the careless riding fell within the mid and low ranges. We accept that evidence. The Penalty Guide provides a starting point - but that is not necessarily the end point - of a $250 fine and a 4 day suspension for low range and a $500 fine and a 5 day suspension for mid range.
Mr Harris' submission was that the breach was "very low end" and simply a lapse of judgment.
reasonsforpenalty:
We have taken a starting point of 5 days suspension, and a $250 fine. There needs to be factored into the penalty sanction these aggravating factors:
a) Ms Newman has had 4 breaches of the Rule over the past year.
b) Of concern, she was suspended for 5 days and fined $500 for a mid range breach on 10 February 2021.
c) Her actions cost the connections of NEW YORK JAZZ, as well as first 4 punters, of the benefit of 4th place.
penalty:
From the starting point of 5 days suspension, fixed an uplift to 7 days. The "Guide" for the fine level ($500) is not imposed. Rather:
a) The fine is fixed at $250.
b) Ms Newman's licence is suspended for 7 days to commence at the end of racing at Counties on 24 March 2021 and to finish at the end of racing at Ashburton on 7 April 2021.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr B S Jones - Stipendiary Steward
JockeysandTrainer: Ms T Newman - Class B Jockey
Otherperson: Ms V Algar - Stipendiary Steward, Mr N Harris - assisting Ms Newman
PersonPresent:
Respondent:
StipendSteward:
raceid: c16eb74192244296e635e448e084b686
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1116f554b65e74cf460d51dc25d1a0b9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/03/2021
meet_title: Racing Tauranga - 20 March 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-tauranga
meet_racingtype: thoroughbred-racing
meet_chair: WGendall
meet_pm1: BScott
meet_pm2: none
name: Racing Tauranga