GremioPower
Taking notes of policy re: bikini/lingerie images
- May 26, 2017
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Oh absolutely. In South Australia at least, the law will usually make a distinction between recklessly or with intent, but you're still being charged under the same act and it's usually a fairly easy distinction to make. On a footy field you've got the complicating factor of a player basically always being able to argue that what he was doing was in play, even if the ball has been kicked away like in the Webster case.
IIRC, they used to have negligent, reckless and intentional. Where negligent was something like what SPP did, where you're making a footy play but you go in too hard and hurt someone. Reckless was more like what Webster did, where your action wasn't a reasonable play at the footy at all, then intentional was for off the ball strikes and things of that nature.
The issue we have now is that we've lost the granularity in the MRO matrix. They've done away with the 3 intent categories which means anything but an off the ball hit is now careless, and they've decreed that a concussion (or something that could cause one) must be severe impact so we're basically going to see the vast majority of reportable offences fall into careless/severe. What's the point of the MRO matrix if this is the standard?
People might argue that the MRO matrix doesn't matter because everything serious ends up at the tribunal anyway, but it does. Look at Maynard last year. Because it was graded careless, it was only a step down to non-reportable. If it had been graded reckless as it should have been under the old system, it's much harder for them to go from the middle tier of responsibility to nothing. Similarly, once SPP's incident is graded severe impact, you've got the AFL calling for an extra week to scapegoat SPP for the tribunal's failure on the Maynard case.
The MRO matrix needs an overhaul or to be scrapped and every case can go to the tribunal again.
The proper names can be given by someone who knows English better than me, but I think that the previous categories, while better than the current one, was already missing a few.
I imagine something like this:
SPP would be Level 1. (being in the wrong place at the wrong time)
Maynard would be Level 2. (a badly-executed football play that has put the players in danger)
Then a Level 3. (think of Webster's, but with the bump during the kick or a sling tackle trying to gain a HTB - timing is fine, but the action is not)
Webster would be Level 4. (an agressive football-like act, unreasonable both in the way and timing it's done)
Then, there would Level 5. (think of Goff, but as if he were in an actual altercation - an excessive agression responding an aggression)
Finally, Goff would be Level 6. (an unjustified agression)
Since we currently have TWO categories, I would argue that from levels 1 to 3 should be "careless"; while 4 to 6, "intentional". (In the previous three categories, than 1-2 would be "careless"; 3-4, "reckless"; and 5-6, "intentional".)
There may be gaps in my categories. There are certainly other cases that would need classification. Still, it's a first draft. I just wanted to point out the way I'm thinking about these cases.
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