Archive Decision

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Banks Peninsula TC 19 February 2016 – R 6 – Chair, Mr R McKenzie

ID: JCA15400

Applicant:
S P Renault, Stipendiary Steward

Respondent(s):
T A Quate, Licensed Junior Driver

Information Number:
A1498

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Banks Peninsula TC - 19 February 2016

Meet Chair:
RMcKenzie

Meet Committee Member 1:
GClapp

Race Date:
2016/02/19

Race Number:
R6

Decision:

Mr Quate having admitted the charge, the charge was found proved.

Penalty:

Mr Quate was fined the sum of $300.00.

Facts:

Following the running of Race 6, Advanced Joinery for Kitchens Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Mr T A Quate, alleging that Mr Quate, as the driver of DAPPER GEORGE in the race, “drove carelessly near the 900 metres when allowing his horse to strike the sulky wheel of NOLAN SACKETT (K M Cox) causing DAPPER GEORGE to break”.

Mr Quate was present at the hearing of the information, and he indicated that he admitted the breach. He informed the Committee that he had received advice from Licensed Open Horseman, Mr D J Butt, prior to deciding to admit the charge. He further said that he did not require the assistance of a Senior Horseman at the hearing.

Rule 869 provides as follows:

(3) No horseman in any race shall drive:-

     (b) carelessly.

Mr Renault showed video replays of the incident with approximately 900 metres to run. Just prior to that point, Mr Quate had been racing in 2nd last position on the markers, immediately behind NOLAN SACKETT, driven by Miss Cox. Passing the 1000 metres, NOLAN SACKETT went to a 3-wide position. Mr Quate allowed his horse to get too close to the sulky wheel of that runner and, as a result Mr Quate’s horse broke and lost its chance. Mr Quate had been “chasing up” the horse just prior to the incident. Mr Quate had misjudged the situation when Miss Cox went to the 3-wide position, Mr Renault submitted.

Mr Quate said that his horse was travelling keenly and when Miss Cox shifted out, he was looking for a run to her inside and her wheel got on his horse’s legs. He agreed that he had made an error of judgement. 

Submissions for Penalty:

Mr Renault informed the Committee that Mr Quate has had 22 drives this season and had 21 in the 2014/2015 season. He has not previously appeared on any charge since he obtained a Junior Driver’s licence (in the 2011/2012 season). The carelessness was in the low range, although his own horse lost its chance, Mr Renault said. Mr Quate had told the Stewards that he was in a position to pay a fine and would prefer a fine to a suspension. Stewards felt that a fine of $300 was appropriate, Mr Renault said.

Mr Quate said that he was a Junior Driver on a stablehand’s wage but he accepted that $300 was a fair penalty.

Reasons for Penalty:

In arriving at penalty, the Committee took the starting point of a $500 fine in terms of the Penalty Guide. Mr Quate was entitled to a discount from that starting point for the mitigating factors – that is to say, his admission of the breach, his previous good record over a number of seasons, albeit with not a large number of drives in total, and the low-end nature of the breach. The appropriate discount for those mitigating factors was $200.

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: 8d8ad51c1c2f4da63d39e979b6aa412b


informantnumber: A1498


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 25/02/2016


hearing_title: Banks Peninsula TC 19 February 2016 - R 6 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 6, Advanced Joinery for Kitchens Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Mr T A Quate, alleging that Mr Quate, as the driver of DAPPER GEORGE in the race, “drove carelessly near the 900 metres when allowing his horse to strike the sulky wheel of NOLAN SACKETT (K M Cox) causing DAPPER GEORGE to break”.

Mr Quate was present at the hearing of the information, and he indicated that he admitted the breach. He informed the Committee that he had received advice from Licensed Open Horseman, Mr D J Butt, prior to deciding to admit the charge. He further said that he did not require the assistance of a Senior Horseman at the hearing.

Rule 869 provides as follows:

(3) No horseman in any race shall drive:-

     (b) carelessly.

Mr Renault showed video replays of the incident with approximately 900 metres to run. Just prior to that point, Mr Quate had been racing in 2nd last position on the markers, immediately behind NOLAN SACKETT, driven by Miss Cox. Passing the 1000 metres, NOLAN SACKETT went to a 3-wide position. Mr Quate allowed his horse to get too close to the sulky wheel of that runner and, as a result Mr Quate’s horse broke and lost its chance. Mr Quate had been “chasing up” the horse just prior to the incident. Mr Quate had misjudged the situation when Miss Cox went to the 3-wide position, Mr Renault submitted.

Mr Quate said that his horse was travelling keenly and when Miss Cox shifted out, he was looking for a run to her inside and her wheel got on his horse’s legs. He agreed that he had made an error of judgement. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Quate having admitted the charge, the charge was found proved.


sumissionsforpenalty:

Mr Renault informed the Committee that Mr Quate has had 22 drives this season and had 21 in the 2014/2015 season. He has not previously appeared on any charge since he obtained a Junior Driver’s licence (in the 2011/2012 season). The carelessness was in the low range, although his own horse lost its chance, Mr Renault said. Mr Quate had told the Stewards that he was in a position to pay a fine and would prefer a fine to a suspension. Stewards felt that a fine of $300 was appropriate, Mr Renault said.

Mr Quate said that he was a Junior Driver on a stablehand’s wage but he accepted that $300 was a fair penalty.


reasonsforpenalty:

In arriving at penalty, the Committee took the starting point of a $500 fine in terms of the Penalty Guide. Mr Quate was entitled to a discount from that starting point for the mitigating factors – that is to say, his admission of the breach, his previous good record over a number of seasons, albeit with not a large number of drives in total, and the low-end nature of the breach. The appropriate discount for those mitigating factors was $200.


penalty:

Mr Quate was fined the sum of $300.00.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: S P Renault, Stipendiary Steward


JockeysandTrainer: T A Quate, Licensed Junior Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: a70b9e0e16a55982bd29f6bc64a5d699


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d999f79b9ae32ad746937810c0ba680d


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meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


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meetdate: 19/02/2016


meet_title: Banks Peninsula TC - 19 February 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: GClapp


meet_pm2: none


name: Banks Peninsula TC