Case Number:

ON/328/19

Ben Westwood #34, Warrington

Competition:

Super League

Match:

Warrington v Wigan

Match Date:

2019-03-15

Incident:

Headbutt in the 73rd minute

Decision:

Charge

Charge Detail:

Rule 15.1(a)
Head butting – makes full contact
Grade D

Fine:

£500

Sanctions:

3-5

Decision On Charge

Player plea:

Guilty, but challenging the grading

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

Following a Match Review Panel meeting held on 18th March 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 73rd minute of the above Match. In the Panel’s opinion you head butted an opponent, making full contact. The Panel believed that your actions had the potential to cause your opponent injury.

In accordance with the RFL’s On Field Sentencing Guidelines, the Panel consider that such offence is a Grade D offence (Head butting – makes full contact). The normal suspension range for such offence is from a 3 – 5 match suspension.

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

Player accompanied by Head Coach Steve Price and Head of Rugby Operations Kylie Leuluai.

Player pleads guilty but challenges the level of the grading at Grade D. Player accepts his actions were wrong but claims it was a reactionary head butt towards an opponent who had made contact with his chin via a swinging arm during the course of the players coming together.

No injury was caused to the opponent who continued to play on and the player accepts his guilt and has shown considerable remorse. He is also embarrassed by his actions.

In challenging the grading the club showed a comparison clip which was graded at Grade C (Watts, Hull FC v Warrington). In this clip the charged player had head butted an opponent who was initially a distance apart and the player had 4 seconds to make a decision before committing the offence. The club argue this incident was more forceful and was intentional yet was graded lower. The club feel this charged offence was similar but not as forceful and followed a reaction to some provocation by an opponent. It was therefore argued that the offence against this player should be graded lower.

Decision:

The Tribunal are satisfied the grade of Grade D was appropriate and correct for this offence.

Reasons for Decision:

In making the decision the Tribunal have carefully listened to the submissions made by the club as they look to challenge the level of the grading.

The have viewed footage of both the incident itself and also the comparison clip. It is accepted that the comparable incident there was time between the actual head butt being delivered, however, the Tribunal are satisfied that this player deliberately set himself before delivering a head butt that was aggressive and forceful. It is accepted there may have been some provocation, but the level of force used has the potential to cause serious injury.

The Tribunal are therefore satisfied the grade of Grade D is correct.

Decision On Sanction (where found to have committed Misconduct)

Summary of CM's submissions on the appropriate sanction:

The offence was graded at Grade D for the following reasons:

- Player head butts in deliberate action and attempts to follow up with a violent push on opponent
- Incident occurs during a mass coming together as a result of a perceived act of misconduct towards a Warrington player.
- Player enters the scene and attempts to make contact with this opponent
- Head butt is on another opponent and not connected with the initial incident
- Head butt was not simply placing on the head on the opponent but was with a level of force
- Player can be seen to put force into the head butt and although being held the player can be seen to pull his head back slightly and butts with force using a side wards motion
- Opponent reacts to being head butted and it is apparent the opponent feels the force of the blow. Incident was not part of play
- No place for violence or thuggery within the game
- Jeopardises safety of opponent
- Incident took place very close to Wigan fans during a derby fixture

Summary of Player's submissions on the appropriate sanction:

Player accepts his guilt and has shown remorse. He accepts he has a previous disciplinary history but it contains nothing of a similar nature. Player states there was no intent to injure his opponent and as an ambassador for the club he is embarrassed by his actions.

Aggravating Factors:

2013 – Striking – Grade B (1 match)
2013 – Striking – Grade B (1 match)
2014 – Dangerous Throw – Grade D (3 matches)
2015 – Dangerous Contact – Grade B (1 match)
2015 – Striking – Grade B (2 matches)
2016 – Dangerous Contact – Grade A (1 match)
2017 – Striking – Grade D (4 matches)
2017 – Dangerous Throw – Grade D (3 matches)
2019 – Dangerous Contact – Grade C (2 matches)

Reasons for Decision:

The Tribunal are satisfied that this was a deliberate and aggressive head butt which was executed with some considerable force and had the potential to cause serious injury. Fortunately, in this instance no injury was caused.

In deciding the appropriate sanction this Tribunal have to look at the aggravating features of similar offences committed by the player and they note the player received a 4-match suspension for striking in 2017. There are other offences in the same period but none of a similar nature.

Taking into account all the circumstances this Tribunal feel a 4-match suspension and £500 fine are appropriate.

Suspension:

4 matches