Case Number:

ON/1481/18

Jamie Acton #10, Leigh

Competition:

Super 8s

Match:

Featherstone v Leigh

Match Date:

2018-10-07

Incident:

Dangerous contact in the 75th minute

Decision:

Charge

Charge Detail:

Rule – 15.1(a)
Strikes with arm/shoulder - Intentional
Grade D

Fine:

£250

Sanctions:

3-5

Decision On Charge

Player plea:

Not Guilty

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

In a Match Review Panel meeting held on 8th October, you are charged with misconduct for a breach of Law 15.1(a) during the above Match.

The Panel reviewed an incident which occurred in approximately the 75th minute of the above Match. You were temporarily dismissed following this incident. In the Panel’s opinion, you intentionally struck your opponent (Dupree), in the head/neck region with your arm/shoulder. The Panel believed that your actions were unnecessary and had the potential to cause your opponent injury.

Due to the severity of the charge, the Panel cannot issue a Penalty Notice and as such the matter will be referred to the Operational Rules Tribunal for determination in accordance with section 3.4 of the On-Field Sentencing Guidelines.

It is therefore intended for the charge to be considered by the Tribunal on 9th October 2018. However, please bear in mind that pursuant to Operational Rule D2:19 the Operational Rules Tribunal have the discretion to hear the case on a different date if circumstances require it. For example, if there is a significantly large case load.

In accordance with the RFL’s On Field Sentencing Guidelines, the Panel consider that such offence is a Grade D offence (Strikes with arm/shoulder – Intentional). In accordance with the On Field Sentencing Guidelines, the normal suspension range for such offence is 3 to 5 matches.

The MRP were concerned with the conduct of Mr Acton in this instance. They noted that Mr Acton makes clear contact with his opponent after the ball had been passed. They also noted that the contact was made significantly after the ball had been passed, indeed the ball had been caught by another opposition player by the time contact was made.

The MRP were concerned that Mr Acton appeared to speed up just prior to contact after previously slowing down slightly. They felt that Mr Acton had a clear view of his opponent and could see that the ball was going to be passed but chose to make contact in this manner.

The MRP felt that contact was direct to the head of Mr Dupree and came from Mr Acton’s shoulder, whilst they felt it was very forceful and the Referee’s report stated that contact was made “with force.”

The MRP felt that Mr Acton was not in the process of attempting to make a tackle, or that he had simply collided with his opponent whilst running. This was an intentional strike to the head of an opponent.

The MRP felt that the opponent was in a vulnerable position and that players have a duty of care towards opponents. Players must be deterred from making contact with the head of opponents and when such contact is made significant sanctions must follow.

Taking into account all of the above the MRP felt that this was an intentional strike to the head of a vulnerable opponent and that Grade D was the appropriate grade.

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

The player appeared over the phone to the Tribunal and apologised for not attending in person.

He confirmed that it was not an intentional act and that having been banned just three months ago for a similar offence he would not go out on the field and do the same thing again. He added he didn’t think that he had done anything wrong and that he had tried to tackle both the man and ball.

He then stated he had not gone out to cause injury to an opponent.

Decision:

Guilty

Reasons for Decision:

The Tribunal have carefully watched footage of the incident and had also listened carefully to the submissions made from both sides. They are in agreement that this was a clear case of misconduct and are of the opinion that Mr Acton could see that the ball had gone but chose to continue and make forceful contact to his opponent.

They feel that contact was made by Mr Acton’s shoulder to the head or neck area and that it was very late. They also feel that it was intentional and that by the way that Mr Acton had entered into contact there was no other way that the tackle could possible end.

Decision On Sanction (where found to have committed Misconduct)

Summary of CM's submissions on the appropriate sanction:

The MRP believe that Mr Acton’s previous record should be taken into account, especially due to latest suspension which was for a similar offence.

Summary of Player's submissions on the appropriate sanction:

Mr Acton apologised and again stated it was not intentional. He explained any long suspension could jeopardise his future career, but did admit that his previous disciplinary record was abysmal.

Aggravating Factors:

12/07/2018 – Late Contact – Grade E – 7 matches & £250
08/03/2018 – Strikes – Grade A – 1 match
03/07/2018 – Other Contrary Behaviour – Grade F – 4 months & £300
12/06/2017 – Tripping – Grade B – 1 match & £300
08/05/2018 – Dangerous Contact – Grade B – 1 match & £300
03/04/2017 – Dangerous Contact – Grade A – 1 match & £300
06/03/2017 – Dangerous Contact – Grade A – £300

Reasons for Decision:

The Tribunal again thanked both sides for their submissions and are aware that the RFL were of the opinion that an increase in the grading could be an option.

However, having taken on board all the information they are on this occasion in agreement that the grading is correct at Grade D. Having heard about the players previous record they do however feel that they should go to the top end of the grading and therefore hand down a 5-match suspension and £250 fine.

Suspension:

5 matches