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Thread: Hearings & mitigation

      
  1. #1

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    Default Hearings & mitigation

    Can anyone help me here? My understanding was that if you contest a charge at your citing hearing but are found guilty nonetheless, you cannot receive mitigation?

    Or is it that accepting the charge gives extra mitigation?

    Case in point would be Tuilagi's hearing yesterday.

  2. #2
    Rugby Club Member Flish's Avatar

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    Default Re: Hearings & mitigation

    The article I read said that all three 'accepted that there had been foul play but denied that merited a red card' not sure if that's accepting or contesting mind!

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    Default Re: Hearings & mitigation

    For me it you contest to ref / citing officer's call then you are not accepting the call. Unless you plead guilty as charged they yo uare not accepting the call.

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    Default Re: Hearings & mitigation

    you can accept completely the sequence of events, but say it didn't merit a RC

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    Default Re: Hearings & mitigation

    Here's the relevant text:
    Aggravating Factors17.19.4 Having identified the applicable entry point for consideration of a particular incident, the Disciplinary Committees or Judicial Officers shall identify any relevant off-field aggravating factors and determine what additional period of suspension, if any, above the applicable entry point for the offence should apply to the case in question. Aggravating factors include:
    (a) the Player’s status generally as an offender of the Laws of the Game;[4]
    (b) the need for a deterrent to combat a pattern of offending in the Game; and
    (c) any other off-field aggravating factor(s) that the Disciplinary Committee or Judicial Officer considers relevant and appropriate.
    Mitigating Factors
    17.19.5 Thereafter, 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 17.19.6 and 17.19.7 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 culpability/wrong-doing by the offending Player;
    (b) the Player’s disciplinary record and/or good character;
    (c) the youth and inexperience of the Player;
    (d) the Player’s conduct prior to and at the hearing;
    (e) the Player having demonstrated remorse for his 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.
    17.19.6 Subject to Regulations 17.19.7 and 17.19.8, for acts of Foul Play the Disciplinary Committee or Judicial Officer cannot apply a greater reduction than 50% of the relevant entry point suspension. In assessing the percentage reduction applicable for mitigating factors, the Disciplinary Committee or Judicial Officer shall start at 0% reduction and apply the amount, if any, to be allowed as mitigation up to the maximum 50% reduction.
    17.19.7 In cases involving offending that has been classified pursuant to Regulation 17.19.2 as lower end offending, where:
    (a) there are off-field mitigating factors; and
    (b) where the Disciplinary Committee or Judicial Officer considers that the sanction would be wholly disproportionate to the level and type of offending involved;
    the Disciplinary Committee or Judicial Officer may apply sanctions less than 50% of the lower end entry sanctions specified in Appendix 1 including in appropriate cases no sanction. In exceptional cases where the Disciplinary Committee or Judicial Officer considers it is warranted it/he may (i) expunge the Ordering Off (Red Card) from the Player's disciplinary record, or (ii) in the case of a Temporary Suspension (Yellow Card) issued by the referee, solely in circumstances attributed to mistaken identity, may expunge the Temporary Suspension from the Player's disciplinary record.
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  6. #6

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    Default Re: Hearings & mitigation

    17.19.5 a "he presence and timing of an acknowledgement of culpability/wrong-doing by the offending Player"

    exactly explains the statement JM accepted that he had commited an act of unsportmanlike behaviour. While denying that he had grabbed squeezed or twist

    But it diodn't square well with the 'bollocks' tweet!

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