Bledisloe 1
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You've got names like Beauden, Jordie...imagine getting "Scott".
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From the SANZAAR Newsletter:
Round #5
Following initial consideration by the SANZAAR Foul Play Review Committee, Darcy Swain of Australia will appear at a SANZAAR Judicial Committee Hearing after being cited for alleged foul play during the Rugby Championship match on Thursday 15 September 2022. Swain is alleged to have contravened Law 9.11: Players must not do anything that is reckless and dangerous to others, during the match between Australia and New Zealand at Marvel Stadium in Melbourne. The Judicial Committee for the Hearing will be Andre Oosthuizen SC (Chair), De Wet Barry and José Luis Rolandi. The hearing will be held by video conference on Wednesday 21 September 2022, 9:00 am (SAST), 5:00 pm (AEST), 7:00 pm (NZST). The outcome will be published by media release when confirmed and will also be available on the tournament website.
It's hard to imagine that he'll be found not guilty. If the Judicial Committee decides he has indeed breached Law 9.11, the question is which entry point will they use? I hope they go for top-end, but will they? It will depend on their assessment of the degree of recklessness and whether they think he aimed for Tupaea's leg (deliberately). It's only after that, that they'll consider the initial sanction and any mitigation thereof.
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@Stargazer said in Bledisloe 1:
From the SANZAAR Newsletter:
Round #5
Following initial consideration by the SANZAAR Foul Play Review Committee, Darcy Swain of Australia will appear at a SANZAAR Judicial Committee Hearing after being cited for alleged foul play during the Rugby Championship match on Thursday 15 September 2022. Swain is alleged to have contravened Law 9.11: Players must not do anything that is reckless and dangerous to others, during the match between Australia and New Zealand at Marvel Stadium in Melbourne. The Judicial Committee for the Hearing will be Andre Oosthuizen SC (Chair), De Wet Barry and José Luis Rolandi. The hearing will be held by video conference on Wednesday 21 September 2022, 9:00 am (SAST), 5:00 pm (AEST), 7:00 pm (NZST). The outcome will be published by media release when confirmed and will also be available on the tournament website.
It's hard to imagine that he'll be found not guilty. If the Judicial Committee decides he has indeed breached Law 9.11, the question is which entry point will they use? I hope they go for top-end, but will they? It will depend on their assessment of the degree of recklessness and whether they think he aimed for Tupaea's leg (deliberately). It's only after that, that they'll consider the initial sanction and any mitigation thereof.
3 weeks as a cop out I reckon. Mid-range, reduction by half, no similarity to previous suspension, said he was sorry etc etc
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@Crucial Not sure they'll give the full 50% reduction. While not a breach of the same law, they may still take his earlier suspension for that head butt (Law 9.12 physical abuse) into account. The mitigating factor considered is his "disciplinary record". It doesn't say anywhere that they only look at similar offending. They'll also look at aggravating factors, including "the Player’s status generally as an offender of the Laws of the Game" (that includes all competitions, and can even include other sports played from the age of 18).
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@Dan54 said in Bledisloe 1:
RA has found a way to cut Swain's suspension by 3 weeks, he been named in Aus A squad, so that's 3 games of suspension used.
Or am I cynical?Surely they need to show that selection was made prior to the foul? I'm sure they will have something up their sleeve but that's fishy.
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@Crucial That depends on whether the Judiciary has accepted those Australia 'A' games as "time served". Three Aussie A games and 3 Wallabies games, that leaves three more Wallabies games of their EOYT (they have scheduled 5 tests on their EOYT).
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@Crucial Not sure what you mean wiht "RA system". The mitigating factors are literally in the WR Regs:
17.19.1 Having identified the applicable entry point for consideration of a particular incident, the Disciplinary Committee or Judicial Officer shall identify any relevant off-field mitigating factors and determine if there are grounds for reducing the period of suspension and subject to Regulations 17.19.2 and 17.19.3 the extent, if at all, by which the period of suspension should be reduced. Mitigating factors include the following:
(a) the presence and timing of an acknowledgement of the commission of foul play by the offending Player;
(b) the Player’s disciplinary record;
(c) the youth and/or inexperience of the Player;
(d) the Player’s conduct prior to and at the hearing
(e) the Player having demonstrated remorse for his/her conduct to the victim Player including the timing of such remorse; and
(f) any other off-field mitigating factor(s) that the Disciplinary Committee or Judicial Officer considers relevant and appropriate.
You're right that fighting the case has taken away one mitigating ground. Obviously, his past disciplinary record has, too.
I wonder whether he apologized to Quinn?
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@Stargazer said in Bledisloe 1:
@Crucial Not sure what you mean wiht "RA system". The mitigating factors are literally in the WR Regs:
17.19.1 Having identified the applicable entry point for consideration of a particular incident, the Disciplinary Committee or Judicial Officer shall identify any relevant off-field mitigating factors and determine if there are grounds for reducing the period of suspension and subject to Regulations 17.19.2 and 17.19.3 the extent, if at all, by which the period of suspension should be reduced. Mitigating factors include the following:
(a) the presence and timing of an acknowledgement of the commission of foul play by the offending Player;
(b) the Player’s disciplinary record;
(c) the youth and/or inexperience of the Player;
(d) the Player’s conduct prior to and at the hearing
(e) the Player having demonstrated remorse for his/her conduct to the victim Player including the timing of such remorse; and
(f) any other off-field mitigating factor(s) that the Disciplinary Committee or Judicial Officer considers relevant and appropriate.
Meant RC (Rugby Championship) - Fixed
I wasn't talking about mitigation. I was thinking of the 'Foul Play Committee' step which , having googled, appears to be Super only. That's the one where you can accept their decision or move onto full judiciary.
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Haven't seen the full ruling but apparently is was mid-point entry and no mitigation.
I guess that there was no acknowledgement of foul play, his past record counted against him and his timing of remorse shown (if any) to QT didn't factor either.
I certainly didn't see or hear of any apology but that doesn't mean it didn't happen.
RAs decision to fight this cost him I reckon.
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@Stargazer said in Bledisloe 1:
@Crucial That depends on whether the Judiciary has accepted those Australia 'A' games as "time served". Three Aussie A games and 3 Wallabies games, that leaves three more Wallabies games of their EOYT (they have scheduled 5 tests on their EOYT).
That looks to be what has happened. Swain misses the 3 Aust A games, as well as the tests against NZ, Scotland and France.
Wallabies lock Darcy Swain has been banned for six games after a reckless clean-out of All Blacks midfielder Quinn Tupaea in an ugly ruck incident in the first Bledisloe Cup test in Melbourne.
He will out of all rugby until November 6.
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@Bovidae said in Bledisloe 1:
@Stargazer said in Bledisloe 1:
@Crucial That depends on whether the Judiciary has accepted those Australia 'A' games as "time served". Three Aussie A games and 3 Wallabies games, that leaves three more Wallabies games of their EOYT (they have scheduled 5 tests on their EOYT).
That looks to be what has happened. Swain misses the 3 Aust A games, as well as the tests against NZ, Scotland and France.
Wallabies lock Darcy Swain has been banned for six games after a reckless clean-out of All Blacks midfielder Quinn Tupaea in an ugly ruck incident in the first Bledisloe Cup test in Melbourne.
He will out of all rugby until November 6.
Hopefuly we get an apology from rennie for saying there was nothing in it. fluffybunny
So he only misses one game on NH tour, Ozzie A trick worked
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@Machpants said in Bledisloe 1:
@Bovidae said in Bledisloe 1:
@Stargazer said in Bledisloe 1:
@Crucial That depends on whether the Judiciary has accepted those Australia 'A' games as "time served". Three Aussie A games and 3 Wallabies games, that leaves three more Wallabies games of their EOYT (they have scheduled 5 tests on their EOYT).
That looks to be what has happened. Swain misses the 3 Aust A games, as well as the tests against NZ, Scotland and France.
Wallabies lock Darcy Swain has been banned for six games after a reckless clean-out of All Blacks midfielder Quinn Tupaea in an ugly ruck incident in the first Bledisloe Cup test in Melbourne.
He will out of all rugby until November 6.
Hopefuly we get an apology from rennie for saying there was nothing in it. fluffybunny
So he only misses one game on NH tour, Ozzie A trick worked
Good luck on the apology.
2 games missed on EOYT. Scotland and France
