Play Nice Was that Gaffs last game for WC?

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Tex9798

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"Pst, Gaff apparently broke Brayshaw's jaw, pass it on".

There were 57,000 people there so it may take a while for word to get around, especially if it wasn't shown on the big screens. I don't condone any person cheering that news (which there probably were, let's be honest, there are nuffies in every football crowd) but it is a bit harsh to tar everyone who cheered Gaff after the goal with the same brush.

I had no idea either.
I don't see why people find it so hard to believe, it was off the ball. I have been at plenty of games where there has been an incident behind play and have had no idea or heard anything from people in the crowd around me.
 

JEagle

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I mean....really?
Once a thug always a thug right.
How is this any different to anyone else hitting someone apart from 'serial thugs'.
No difference for mine...he is called out on the action alone and the consequences.
This crap about his 'history' is a load of rubbish!
History is important. To say otherwise is false. It plays a big role in our justice system and it does so in the AFL process as well. Past behaviour either gives you credits in the bank or an overdraft. That's just a fact. Gaff is going to get a week off whatever sentence is handed down due to his pristine record. I'd suggest it will be in the vicinity of 8 to 10 with a week reduced.
 

Forward Press

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Yeah but my sympathy is with brayshaw not Gaff. It’s down to the AFL now to set the standard. Let’s hope they don’t **** it up
Of course, Gaff will cop a big one, probably the longest ever suspension, but let's not go around asking for him to be thrown in jail or deregistered.
 

E92_

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I would say in the 60 minutes to the end of the game everybody there new something untoward had happened.

Yeah, no. I didn't see the incident or Brayshaw going off with the blood rule and no one in my area made mention of the incident for the remainder of the game. Only found out when I overheard someone on the train ride home and decided to check what happened on my phone. So maybe stop assuming, yeah?
 

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Power Raid

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From a criminal perspective

https://www.foleys.com.au/resources/Voluntary Assumption of Risk_15Oct2015.pdf
http://classic.austlii.edu.au/au/journals/PrecedentAULA/2013/24.pdf

Conventional wisdom has it that volenti is a form of waiver of duty. A successful defence denies the injured person the right to sue in negligence because they are found to have agreed to take personal responsibility for the risks that materialised. It is a full defence to a claim.

At commonlaw, to make out the defence, a defendant had to prove the injured person:

- was fully aware of the risk;
- fully appreciated its nature and extent; and
- freely and willingly accepted the risk.
Much turns on the precision with which “the risk” is identified. For example, a rugby player may be aware of and accept the risk of injury in a tackle, but not the risk of injury from a spear tackle.

 

threesixpio

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From a criminal perspective

https://www.foleys.com.au/resources/Voluntary Assumption of Risk_15Oct2015.pdf
http://classic.austlii.edu.au/au/journals/PrecedentAULA/2013/24.pdf

Conventional wisdom has it that volenti is a form of waiver of duty. A successful defence denies the injured person the right to sue in negligence because they are found to have agreed to take personal responsibility for the risks that materialised. It is a full defence to a claim.

At commonlaw, to make out the defence, a defendant had to prove the injured person:

- was fully aware of the risk;
- fully appreciated its nature and extent; and
- freely and willingly accepted the risk.
Much turns on the precision with which “the risk” is identified. For example, a rugby player may be aware of and accept the risk of injury in a tackle, but not the risk of injury from a spear tackle.
Yep - this is not even slightly closely related to the ball in action. Not at all impossible that Pallente etc doesn’t apply here

I just quoted a case name there...I’m awesome
 

Jobe Watson

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Triple M just said that he was playing golf with both brothers last week. They were obviously all pretty good mates
Makes it even worse that Gaff wouldn't go back and check on him or put his hand up to apologise then and there.

Imagine [accidentally] clocking your mate in the jaw, putting him to ground (Gaff probably would've thought he had knocked him out at the time) and then just jogging away like nothing has happened.
 

Power Raid

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I cant wait to see the rage on here if Gaff appeals the suspension length lol

I have no doubt Gil would step in and say "the MRP has handed down it's decision. Gaff has decide to appeal and in response the AFL will reserve it's decision until all the facts are known. Specifically, we will continue to follow Brayshaws recovery as complications, the need for further medical treatment or surgery are still unknown. Once finalised we will address Gaffs redress of grievance"

That's a 13 week journey before the process begins...............meaning he misses the trade period.
 

hutchy31

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If the AFL actually made an effort to stamp out gut and chest punches then these sort of accidents would occur a lot less.

Cotchin seemed to have free rein to punch people in the guts last year.

Banning it all might be simpler. At least it’s a black and white rule. No intentional striking with a fist - be it face, chest, guts, whatever.
Exactly. Punish the act itself, with outcome relevant in length of suspension rather than the determination of whether or not it’s actually reportable.

Any punch equals 1 week off as a baseline. Additional weeks for severity or consequences or whatever phrasing is decided to be appropriate.

While you’re at it, start paying free kicks for unnecessary harassment when players are being “tagged”, or the general faux tough guy shit we see every game. It’s boring, if you want to prove you’re tough win some hard ball and beat your opponent rather than trying to rough him up.
 

Purple Suit

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He may have not even been aware of who it was. I doubt everyone is running around on the football field wondering how old the guy standing next to him is.
Nah, he knew who he was. AFL players jobs rely on them knowing their opponent, which foot they kick with and how fast they run. A 175 game veteran in Gaff would have known who was manning him.
 

Wargreymon90

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Of course, Gaff will cop a big one, probably the longest ever suspension, but let's not go around asking for him to be thrown in jail or deregistered.
Assault is assault. The incident is completely independent of the football game they were playing. If they press charges (which I don't think will happen), he will be held accountable just as any other person in society.
 

threesixpio

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Of course, Gaff will cop a big one, probably the longest ever suspension, but let's not go around asking for him to be thrown in jail or deregistered.
PowerRaid is right that a criminal prosecution is not impossible. The law around this is actually quite odd as it is guided by judicial policy as much as it is by precedent. The policy itself is guided by norms in the sport.

This makes a departure from judicial policy to stay out of the sporting arena more likely in a context where the sport itself flat out no longer condones this type of behaviour.

Still don’t think it will happen but it’s actually quite legally interesting
 
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