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RFU SHORT JUDGMENT FORM

MatchOld Elthamians RFC Vs Albion RFC Club’s LevelLevel 3 Competition National League 1 Date of Match28/09/2019 Match Venue RFC

Particulars of Offence Player’s SurnameParker Date of Birth 25/06/1987 Forename(s)Perry-John Plea Admitted✔ Not Admitted Club nameOld Elthamians RFC RFU ID No. 168985 Type of Offence Red card Law 9 Offence 9.12 - Punch/Strike Sanction 3 weeks

Hearing Details Hearing Date01/10/2019 Hearing venue Bloomsbury Holiday Inn Chairmen/SJODr Julian Morris Panel Member 1 Inigo Churchill Panel Member 2Mark Langley Panel Secretary Rebecca Morgan

Appearance Player Yes✔ No Appearance Club Yes✔ No

Player’s Representative(s): Other attendees:

MrForename(s) Gavin Lach Plea

List of documents/materials provided to player in advance of hearing:

RefereesForename(s) report StatementPlea from the Player Video evidence

RFU SHORT JUDGMENT FORM 1 Summary of Essential Elements of Citing/Referee/s Report/Footage

TheForename(s) Referees report states: Plea "As OE's were attacking close to the Plymouth 22 I saw out of the corner of my eye a fight ensuing. The first players I saw were the OE's 5 and Plymouth 6 in an altercation and then lots of players joined in the ensuing melee. It was clear to me that this was clearly the secondary aspect of a larger incident so I called time off and asked my AR's on to the field of play to see what had happened.

I was advised by assistant referee, Michael Woods, that he had more information to add after I explained what I had seen. He stated that Old Elthamians No. 5 (Perry-John Parker) had made contact with Plymouth Albion No. 19 (Rusiate Tuima) after the tackle (he said beyond the breakdown) and once they got to their feet Old Elthamians No.5 & Plymouth Albion No. 19 both exchanged punches to the head/face area.

Based on that information I suggested that both players should receive a red card, which Michael Woods agreed with.

I sent both players off with a red card. "

RFU SHORT JUDGMENT FORM 2 Essential Elements of Other Evidence (e.g. medical reports)

SmallForename(s) cut/graze to the right side of his lip. On the Player's own evidence, this had scabbed over andPlea was not problematic.

RFU SHORT JUDGMENT FORM 3 Summary of Player’s Evidence

TheForename(s) Player stated that he had just off-loaded the ball when he felt he was lifted and driven/ dumpedPlea on the floor which he considered was late. He explained that he had previously suffered from a coccyx injury following a similar incident which had taken a significant time to recover. He snapped.

He reacted quickly when the two players stood up grabbing his opponents collar and shirt and swinging 2 punches. He considered the first had made contact with his opponents neck/ chin area but was not sure about the second.

Other opposition players had then joined the melee and the opponent with whom he had been grappling fell to the floor. Once the other players joined the Player realised that he had 'done wrong' and wanted no further part in it and did not retaliate further.

Following the incident the referee made his decision to send both players off.

RFU SHORT JUDGMENT FORM 4 Findings of Fact

TheForename(s) Player off loaded the ball. HePlea was then lifted and put, by his opponent, onto the floor. He landed on his back. The players got to their feet very quickly holding each others collars/ jerseys. The Player's first punch landed on his opponents neck/chin area. Other Plymouth players joined the melee. The Player received another likely blow to the right side of his head from a different opponent. The incident was over very quickly.

RFU SHORT JUDGMENT FORM 5 Decision

Breach admitted✔ Proven Not Proven Other Disposal (please state below) Forename(s) Plea

SANCTIONING PROCESS

Assessment of Seriousness Assessment of intent - Ref 19.11.8

PLEASE TICK APPROPRIATE BOX 19.11.8(a) Intentional/deliberate ✔ 19.11.8(b) Reckless Reasons for finding as to intent:

This was a spur of the moment, 'red-mist' reaction to being placed on his back

Gravity of player’s actions - Reg 19.11.8(c)

Threw a punch

RFU SHORT JUDGMENT FORM 6 Nature of actions - Reg 19.11.8(d)

Punch with his fist

Existence of provocation - Reg 19.11.8(e)

Anxiety re being placed on his back

Whether player retaliated - Reg 19.11.8(f)

no

Self-defence - Reg 19.11.8(g)

no

Effect on victim - Reg 19.11.8(h)

none

Effect on match - Reg 19.11.8(i)

A few other players joined in, the incident was over very quickly

Vulnerability of victim - Reg 19.11.8(j)

Blow to the head

Level of participation/premeditation - Reg 19.11.8(k)

none

RFU SHORT JUDGMENT FORM 7 Conduct completed/attempted - Reg 19.11.8(l)

completed

Other features of player’s conduct - Reg 19.11.8(m)

none applicable

Assessment of Seriousness Continued Entry point Low-end Weeks Mid-range Weeks Top-end* Weeks ✔ 6

*If Top End, the JO or Panel should identify, if apropriate, an entry point between the Top End and the maximum sanction and provide the reasons for selecting this entry point, below. In making this assessment, the JO/committee should be consider RFU Regulation 19

Reasons for selecting entry point:

TheForename(s) automatic starting entry point for contact with the head is mid-range. There was a minor injuryPlea caused but none of the additional factors were serious enough to warrant a top end entry point.

Additional Relevant Off-Field Aggravating Factors - Reg 19.11.10 Player’s status as an offender of the laws of the game - Reg 19.11.10 (a)

n/a

Need for deterrent to combat a pattern of offending - Reg 19.11.10(b)

already set in the entry point

RFU SHORT JUDGMENT FORM 8 Any other off-field aggravating factor that the disciplinary panel considers relevant and appropriate - Reg 19.11.10 (c) n/a

Number of additional weeks: 0

Relevant Off-Field Mitgating Factors Acknowledgement of guilt and timing - Player’s disciplinary record/good character - Reg 19.11.11(a) Reg 19.11.11(b) GuiltyForename(s) plea Good Plea character, good record

Youth and inexperience of player - Reg 19.11.11(c) Conduct prior to and at hearing - Reg 19.11.11(d)

n/a Exemplary

Remorse and timing of Remorse - Reg 19.11.11(e) Other off-field mitigation - Reg 19.11.11(f)

Remorseful n/a

Number of weeks deducted: 3

Summary of reason for number of weeks deducted:

EarlyForename(s) guilty plea GoodPlea record Remorseful Excellent conduct at the hearing

RFU SHORT JUDGMENT FORM 9 Games for meaningful sanctions:

05.10Forename(s) v 12.10Plea v Moseley 19.10 v Mowden Park

Sanction

NOTE: PLAYER ORDERED OFF ARE PROVISIONALLY SUSPENDED PENDING THE HEARING OF THEIR CASE, SUCH SUSPENSION SHOULD BE TAKEN INTO CONSIDERATION WHEN SANCTIONING

Total sanction 3 Sending off sufficient Sanction commences 01/10/2019 Sanctions concludes 21/10/2019 Free to play 22/10/2019 Final date to lodge appeal 08/10/2019 Costs (please refer to Reg £200 19, Appendix 3 for full cost details)

Signature Dr Julian Morris Date (JO or Chairman) 02/10/19

NOTE: YOU HAVE THE RIGHT OF APPEAL AGAINST THIS DECISION AS SET OUT IN REGULATION 19.12 OF THE DISCIPLINARY REGULATIONS. YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE TIME LIMIT AND DIRECTIONS/REQUIREMENTS RELATING TO AN APPEAL SET OUT IN REGULATION 19.12.9

RFU SHORT JUDGMENT FORM 10