Tom Bugg - In trouble? how many weeks? - now with a poll!

[QS]

meh who gives a shit how many weeks, wheres the assault charges? being on a football field doesn't give you exemption from the law, when are we going to get this through our heads.

This is an interesting legal point. In the case of McNamara v Duncan (1979) 45 FLR 152, the defendant during a game of Australian Rules Football struck the plaintiff in the head deliberately and recklessly. It was a civil case the cause of action being the tort of battery. The State did not bring criminal charges. My view is in these instances it is open to the injured party to bring civil proceedings against the wrongdoer (e.g. Mills v Bugg) as the force used exceeded the level of implied consent a player gives when playing (e.g consenting tackles, some rough play).

Mills cannot simply instruct Victoria Police to bring criminal charges against Bugg as they must assess the incident etc. Unlikely as the sentence would only likely be a fine. People generally don't get a custodial sentence for thumping someone unless something else happens as a result (e.g. one punch deaths or severe injury). In these instances, the Police/DPP would likely (as we often see) leave it to the AFL to handle and the injured party (Mills) can pursue it if he wishes (and in any event I doubt many AFL listed players would do so).

Bugg gets 6.

 

[BG32]

Back in time for the GF bois

 

[QS]

Back in time for the GF

You guys don't really rate him from what I've read on your board? Placeholder for better mids?

 

[Admiral Byng]

They have given him 6 weeks.

fair enough,

 

[Andrew Mc]

Had a fairly good opinion of Green with his One-punch campaign before this. Now, I suspect he's taken one too many to the head.

 

[Aramis]

This is an interesting legal point. In the case of McNamara v Duncan (1979) 45 FLR 152, the defendant during a game of Australian Rules Football struck the plaintiff in the head deliberately and recklessly. It was a civil case the cause of action being the tort of battery. The State did not bring criminal charges. My view is in these instances it is open to the injured party to bring civil proceedings against the wrongdoer (e.g. Mills v Bugg) as the force used exceeded the level of implied consent a player gives when playing (e.g consenting tackles, some rough play).

Mills cannot simply instruct Victoria Police to bring criminal charges against Bugg as they must assess the incident etc. Unlikely as the sentence would only likely be a fine. People generally don't get a custodial sentence for thumping someone unless something else happens as a result (e.g. one punch deaths or severe injury). In these instances, the Police/DPP would likely (as we often see) leave it to the AFL to handle and the injured party (Mills) can pursue it if he wishes (and in any event I doubt many AFL listed players would do so).

Bugg gets 6.

Very interesting read, thanks for that QS
Whats it going to take though? If this keeps up a players going to cop a punch in the temple and it could be curtains. "Weeks" Imo is hardly a penalty...

 

[Andrew Mc]

Back in time for the GF bois

It's not like the Essendon suspensions, he's still allowed into the MCG to watch, whether he's still suspended or not.

 

[CaptainHowdy87]

That's not what the topic is about, he didn't say mills deserved it. A professional boxer said it was a bloody unlucky shot and mills has a weak chin.

Unlucky?

He deliberately punched the guy in the face.

Where the f**k does luck come into it?

No one has said he doesn't deserve a big suspension. But he has had days of personal attacks and being slammed for an accident. Finally someone has stuck up for him in the media because the hysteria has been overboard saying he could kill him and should be fired etc.

An accident?

Holy s**t dude...

 

[captain blood 17]

Surely this is a troll.

I would much sooner rather be punched in the jaw than be taken down in a dangerous tackle. I'd rather have a concussion than spend the rest of my life in a wheelchair.

School holidays... that explains it.

Ask David Hookes about a punch in the jaw. If you can't talk about things civilly, then let the adults discuss it. Your basis is flawed and understanding lacking in these issues.


Sent from my iPad using righteous man power

 

[Jase Cutler]

Bugg just got 6 weeks. Tribunal, savage.

 

[The King!]

Got off lightly

Pathetic

 

[QS]

Very interesting read, thanks for that QS
Whats it going to take though? If this keeps up a players going to cop a punch in the temple and it could be curtains. "Weeks" Imo is hardly a penalty...

You'd have to look at what the sentencing principles are like in the state where the "assault" (lets call it that) occurs. For a first offence of common assault in WA resulting in nothing more than a sore head after waking up, fine only. Unsure how it sits in Victoria, NSW, SA or Qld. Over here the DPP must have a compelling case to bring criminal charges against a person.

That's not to opine that the evidence against Bugg (in this instance) was not compelling but unlike a non-AFL player who smacks someone in the head at the pub because that person looked at the attacker funny, an AFL player has punishment coming from the MRP or Tribunal; a non-AFL player does not. The punishments whether before the AFL Tribunal or Court are comparable in my view and the former probably harsher as Bugg likely loses 6 weeks worth of match payments which probably exceeds any fine the Court is within its jurisdiction to set.

The fact is, 99% of common assault charges end up in a fine and nothing more. It's not worth the time, money and resources to prosecute.

 

[Ok Boomer]

Mundine was robbed.

 

[CaptainHowdy87]

I agree to him to a point. Not sure about the weak chin part, but I don't think Bugg intended to KO him, just reckon when he threw the punch, he flushed him in the right/wrong spot and KO'd him.

Deserves his 6 wks or whatever he gets, for throwing the punch, but I think he's as much unlucky as he is stupid.

He could've elbowed Mills back in the body like Mills had just done to him. He could've grabbed Mills by the jumper and got in his face. He could've just shoved him away. He could've done what plenty of other players do and just ignore Mills and show him he's not gonna let him get under his skin so easily.....

....but no. He turned around and punched the guy square in the jaw and knocked him out. He's not unlucky. It wasn't an accident. He chose to punch a guy in the face and knocked him out. You make a decision like that and you wear the consequences. "I didn't mean to hit him that hard" Doesn't matter. You punched a guy in the face. Enjoy your holiday. You'd be up on serious assault charges if it wasn't on the footy field. You're getting a 6 week paid vacation instead. Think yourself lucky.

 

[SterlingArcher]

6 weeks is fair.

 

[The Old Dark Navy's]

6 is right. Certainly a disincentive.

 

[DazalenkoUBewty]

6 LMAO

madness

 

[Ron The Bear]

Probably got an extra 1-2 for bad timing. Pre-Houli I reckon it would've been 4.

 

[SterlingArcher]

Anything more than 6 would be excessive, but Tom Jonas got 6 (harshly) last year.

My money's on 8

No way was Jonas's harsh. Lined up Gaff from a mile away and whacked a guy in the back of the head who was playing the ball. Had multiple options and chose the thuggish one.

Worse than Bugg in my opinion. The whole back of the head should always be extra too.

 

[QS]

He was going for a punch to the guts or to the chest, a bit of a push-punch. There was nothing in it. (Mills) has sort of lowered his head unfortunately and it clipped him on the chin.

No he didn't?

 

[BLERN]

 

[QS]

I posted about this issue on page 24 in the Bugg thread in the MRP subforum from a legal point of view if anyone is interested.

 

[Dez!]

Green is right but people are too busy being outraged at his opinion that he's just pointing out that the punch wasn't some massive haymaker that people are making it out to be but a quick jab that got him in the sweet spot and knocked out Mills.

Still think he should have just got the 4 weeks that Houli got but won't argue the 6.

 

[Byron_Clanger]

Green is an idiot. YOU'RE NOT MEANT TO THROW PUNCHES IN FOOTBALL YOU MORON

 

[AlwaysHawks15]

Geez...he's quite the dial-a-quote these days, isn't he?

I've always had a feeling that Green was at least as big a flog as Mundine and that once Mundine no longer needed to put on the villain hat to try to generate interest in his fights, that he'd actually turn out to be a much better bloke. I'm very happy to stick with that.

Green always came across as the tosser between him and mundine, the media were just too blind and gullible to not see past the bravado. Green plays everyone like a fiddle but the reality is he is a moron.