cats_09
Otters United
- Jun 21, 2011
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- 117,807
- AFL Club
- Geelong
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- #5,451
From David Zita -
Reasons for sanction:
From footage, it’s clear Smith was not in a position to impact the contest and did not expect the contact. Accordingly, Parker failed in his duty of care.
There's always potential to cause injury in the action of Parker. The reasonableness of the bump engaged in by Parker is the heart of the issue, which leads to the charge as accepted.
We weigh up the matters … the incident being off the ball, unforeseen by Smith, causing injuries likely to result in surgery and 10 weeks missed games by Smith brings the Tribunal to the conclusion this was not at the lower end of carelessness.
It's the totality of the incident which ultimately settles the sanction to be imposed by the Tribunal.
Parker, having breached his duty of care when he engaged in the bump, accepts he accepts in cross examination he had alternative actions, which the Tribunal finds he did have that he could have taken rather than to bump.
Two video tendered documents tendered by defence we say are distinguishable from this incident and we place little weight on them.
The Tribunal is left with the unenviable task of assessing all the circumstances with this charge and matters put by both AFL Victoria and Parker’s legal team and have arrived at appropriate penalty of a six-match sanction.
Reasons for why exceptional and compelling circumstances argument failed:
Parker has a prior history, with some nine sanctions being imposed. We find he's not a player that qualifies as a verifiable example of exemplary disciplinary history. The Tribunal is not bound by this minimum penalty is at large to increase the penalty commensurate with this offence.
Reasons for sanction:
From footage, it’s clear Smith was not in a position to impact the contest and did not expect the contact. Accordingly, Parker failed in his duty of care.
There's always potential to cause injury in the action of Parker. The reasonableness of the bump engaged in by Parker is the heart of the issue, which leads to the charge as accepted.
We weigh up the matters … the incident being off the ball, unforeseen by Smith, causing injuries likely to result in surgery and 10 weeks missed games by Smith brings the Tribunal to the conclusion this was not at the lower end of carelessness.
It's the totality of the incident which ultimately settles the sanction to be imposed by the Tribunal.
Parker, having breached his duty of care when he engaged in the bump, accepts he accepts in cross examination he had alternative actions, which the Tribunal finds he did have that he could have taken rather than to bump.
Two video tendered documents tendered by defence we say are distinguishable from this incident and we place little weight on them.
The Tribunal is left with the unenviable task of assessing all the circumstances with this charge and matters put by both AFL Victoria and Parker’s legal team and have arrived at appropriate penalty of a six-match sanction.
Reasons for why exceptional and compelling circumstances argument failed:
Parker has a prior history, with some nine sanctions being imposed. We find he's not a player that qualifies as a verifiable example of exemplary disciplinary history. The Tribunal is not bound by this minimum penalty is at large to increase the penalty commensurate with this offence.
