Case Number:

ON/621/21

Sam Brooks #8, Swinton

Competition:

Championship

Match:

Swinton v Halifax

Match Date:

2021-06-20

Incident:

Dangerous contact in the 63rd minute

Decision:

Charge

Charge Detail:

Law 15.1 (i)
Dangerous Contact - Defending player, in or after effecting a tackle, uses any part of their body forcefully to bend or apply unnecessary pressure to the head and/or neck and/or spinal column of the tackled player so as to keep the tackled player at a disadvantage in or after the tackle.
Grade D

Fine:

£250

Sanctions:

3-5

Decision On Charge

Player plea:

Not Guilty

Summary of CM's submissions on the Charge / evidence:

Following a Match Review Panel meeting held on 10th June 2021, you are charged with misconduct for a breach of Law 15.1(i) during the above Match.

The Panel reviewed an incident which occurred in approximately the 63rd minute of the above Match. The incident was placed on report. In the Panel’s opinion you applied unnecessary pressure to the head/neck area of your opponent. The Panel believed that your actions were unnecessary and had the potential to cause your opponent serious injury.

In accordance with the RFL’s On Field Sentencing Guidelines, the Panel consider that such offence is a Grade D offence - Dangerous Contact - Defending player, in or after effecting a tackle, uses any part of their body forcefully to bend or apply unnecessary pressure to the head and/or neck and/or spinal column of the tackled player so as to keep the tackled player at a disadvantage in or after the tackle. The normal suspension range for such offence is from 3 to 5 matches.

Summary of Player's submissions on the Charge / evidence:

Player in attendance alongside Matthew Astley (Legal Rep), Hannah Pinder (Legal Rep) and Stuart Fletcher (Chairman).

MA talked the panel though the incident. He informed them that there was no penalty awarded by the referee following the tackle and neither was it placed on report.

He explained the player was thankful that no injury was caused to the opponent. The player was playing as prop for a team that was struggling and he tried to complete the tackle in the best way he could. The player was aiming to turn his opponent on to his back so as to slow down the play the ball and that any trapping of the opponents head was accidental.

This was an unfortunate incident and the opponents resistance in the tackle contributed to the way it had ended, whilst any pressure that was applied for not for a long period.

They felt that finding an alternative way to complete the tackle could be looked backed as a matter of hindsight. The player was legitimately trying to spin his opponent on to his back and the way they both landed was no fault of the player.

Decision:

Guilty

Reasons for Decision:

The Tribunal have viewed the footage and carefully considered the submissions.

They apply the relevant standard of proof in that we must be reasonably satisfied that the charge is made out.

The player has a duty of care and the point is that the player put his opponent in a vulnerable position and there was a serious risk of injury. It is important to stay safe and therefore not use technique that is inherently dangerous.

This was a slow tackle. The player griped the opponent and then maintained the grip taking the opponent down to the floor. He did not adjust his grip and continued with the tackle taking the opponent down to the ground and landing in a dangerous position. He also held the opponent which risked serious injury. This was poor technique and he did not make room for the player’s head.

We have no doubt at all that this was a highly reckless action and the charge is made out. We are of the view that the charge is made out and that it is a Grade D offence.

Decision On Sanction (where found to have committed Misconduct)

Summary of CM's submissions on the appropriate sanction:

• Incident occurs in the 65th minute of the match
• The player is placed on report by the referee
• The opponent Mr Rawsthorne can be seen to break a tackle
• Mr Rawsthorne is then contacted low by Mr Brooks teammate with Mr Brooks “up top”
• At this stage Mr Rawsthorne is fending off Mr Brooks
• Tackle then starts to go down, but Mr Brooks keeps his opponent up
• Mr Brooks then initiates a grip of his opponents arm with his own arm
• This grips traps Mr Rawsthorne’ s head under Mr Brooks
• Player then twists opponent maintaining the grip and begins to take opponent to ground
• Mr Rawsthorne head remains trapped, and Mr Brooks goes to ground and applies pressure for a significant period of time to the neck/head area of his opponent
• Opponent is clearly injured
• Player has failed in his duty of care owed to his opponent
• Sole contributor to pressure being applied
• Actions are clearly considered. Player has alternative ways in which to complete the tackle
• Grade D due to:
- Highly reckless contact and unnecessary
- Pressure is applied for a significant period of time
- Involves an unacceptable risk of injury to the player
- No duty of care shown towards opponent

Summary of Player's submissions on the appropriate sanction:

• Previous record should not carry any weight to decision
• Whilst the opponent received treatment he played the remainder of the match
• There was no intent to cause injury
• The incident happened in the 65th minute and the player had played the full the match at prop and was fatigued
• The player is of good character
• We feel any suspension should be to the lower end of the grading

Aggravating Factors:

27/02/2020 – Shoulder Charge (Grade B – 2 matches)
21/06/2019 – Foul Abuse (Grade B – 2 matches)
13/06/2019 – Punching (Grade 1 – 1 match)
02/05/2019 – Dangerous Contact (Grade B – 1 match)

Reasons for Decision:

The Tribunal have listened to the submissions. They are of the view that fitness due to playing more minutes is rarely valid at first team level. If a player does not have the appropriate fitness or technique they can be a danger to other players.

The Tribunal note the two character references from the club and work contractor with whom the player has worked for. There are positive comments within those references and sets out the players positive aspects.

We therefore feel an appropriate penalty is a 4 match suspension and £250.

Suspension:

4 matches