http://prod.mm.afl.cfour.com.au/afl/doc ... let-07.pdf
I posted it elsewhere but it deserves it's own post as an FYI given the appeal tomorrow night.
Official 2007 AFL Tribunal Rules link
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Official 2007 AFL Tribunal Rules link
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"A player shall engage in rough conduct which in the circumstances is unreasonable where in bumping an opponent he causes forceful contact to be made to an opponent’s head or neck. Unless intentional or reckless, such conduct shall be deemed to be negligent, unless the player did not have a realistic alternative to:
a. contest the ball;
b. tackle; or
c. shepherd in a manner which was reasonable in the circumstances."
I'd be arguing that Baker did not have a realistic alternative to shepherd in a manner which was reasonable in the circumstances.
Facts which made the manner of Baker's shepherd reasonable:
1. he approached Farmer from forward of perpendicular;
2. he kept his elbows tucked into his body (hit Farmer with a hip and shoulder - as per Kirkwood's testimony);
3. he turned his body so that Farmer would not be struck with a protruding knee/elbow (as well as to protect his own body).
The ONLY alternative to laying the shepherd in the manner he did was to not lay the shepherd at all. I'd argue that this was neither realistic nor reasonable, and thus the elements of the offence have not been satisfied.
Throw this rubbish out.
a. contest the ball;
b. tackle; or
c. shepherd in a manner which was reasonable in the circumstances."
I'd be arguing that Baker did not have a realistic alternative to shepherd in a manner which was reasonable in the circumstances.
Facts which made the manner of Baker's shepherd reasonable:
1. he approached Farmer from forward of perpendicular;
2. he kept his elbows tucked into his body (hit Farmer with a hip and shoulder - as per Kirkwood's testimony);
3. he turned his body so that Farmer would not be struck with a protruding knee/elbow (as well as to protect his own body).
The ONLY alternative to laying the shepherd in the manner he did was to not lay the shepherd at all. I'd argue that this was neither realistic nor reasonable, and thus the elements of the offence have not been satisfied.
Throw this rubbish out.
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