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#Post#: 66434--------------------------------------------------
Re: brown
DIR By: Quanks
Date: May 18, 2021, 4:23 am
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--- Quote from: mighty_quin link ---
>
> Absolutely. And from the snippets I've seen of the full
judgement there are.
> E.g. minor injury sustained, agreed completely
unintentional... if it was the end of my career at Quins I'd be
asking for a reduction to 6 week starting point halved to 3,
rather than top end of 12 to 6.
>
--- End Quote ---
Unfortunately the RFU has very limited grounds for appeal:
19.12.1 A person, Player or Club that has been found guilty of
an offence may commence an
appeal against a decision of a Disciplinary Panel on the grounds
that the panel:
(a) came to a decision to which no reasonable body could have
come; or
(b) made an error of law in reaching its decision; or
(c) failed to act fairly in a procedural sense.
(d) the sanction imposed was so excessive as to be unreasonable.
Option (d) is the only real choice and I think the "so excessive
as to be unreasonable" is a high bar to pass. 6 weeks is, imho,
excessive - but is it unreasonably excessive? Probably not for
me.
Filing an appeal without a realistic chance of success could see
his ban increased, which his new employers won't be too happy
about, and he could have to pay costs for the appeal.
There was a 24 hour window to file the appeal. I would have
expected the club to put out a statement that they had appealed
if that were the case.
#Post#: 66437--------------------------------------------------
Re: brown
DIR By: Wirralquin
Date: May 18, 2021, 4:49 am
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He must also bear in mind that the sentence can be increased as
well
#Post#: 66454--------------------------------------------------
Re: brown
DIR By: MrSoloDolo
Date: May 18, 2021, 8:05 am
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--- Quote from: Wirralquin link ---
>
> He must also bear in mind that the sentence can be increased
as well
>
--- End Quote ---
The Egg Chasers Pod made a good point on this.... from a Quin's
perspective they have nothing to lose - Either Brown gets a
shorter ban and can play for Quins again or it gets increased
and hopefully won't be available if Newcastle play quins next
season.
Made me chuckle but a fair point
#Post#: 66570--------------------------------------------------
Re: brown
DIR By: dr_miles
Date: May 20, 2021, 10:02 am
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It's confirmed that he is appealing, and the hearing is on 26th
May.
#Post#: 66571--------------------------------------------------
Re: brown
DIR By: WellingQuin
Date: May 20, 2021, 10:03 am
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Appeal is happening.
HTML https://www.quins.co.uk/news/mike-brown-appeal-hearing-date-set
HARLEQUINS FULLBACK MIKE BROWN WILL APPEAR BEFORE AN INDEPENDENT
DISCIPLINARY PANEL TO APPEAL HIS SIX-WEEK SUSPENSION
Quins fullback Mike Brown is appealing his six match suspension,
which was given for stamping or trampling contrary to World
Rugby Law 9.12.
The appeal will be heard on the evening of Wednesday 26 May by a
new online independent disciplinary panel comprising Philip
Evans QC (chair), with Daniel White and Dr Julian Morris.
At the original hearing Brown accepted the charge against him
and was given the suspension by an independent panel of Matthew
Weaver (chair), Rob Vickerman and Mitch Read.
Full details can be found in the judgment here.
That link is:
HTML https://www.englandrugby.com/dxdam/3a/3a41074c-d2ef-40f4-8e9b-a1a3fc11f64a/BrownHarlequinsJudgmentMay21.pdf?spMailingID=13508198&spUserID=NjE2NjgyMzk3NDcxS0&spJobID=1753259385&spReportId=MTc1MzI1OTM4NQS2
#Post#: 66574--------------------------------------------------
Re: brown
DIR By: Fearless Fred
Date: May 20, 2021, 10:18 am
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Given he admitted the charge, the only hope can be to reduce the
starting point for sanctions. hat means the best outcome for him
& the club is that he's available for the game vs Newcastle &
the semi/final if & when we qualify for them.
#Post#: 66575--------------------------------------------------
Re: brown
DIR By: JammyGit
Date: May 20, 2021, 10:36 am
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I do think compared to other six-week bans recently for the same
offence that it's not as bad. So there's a reasonable chance
he'll get it reduced. But I wouldn't be surprised if it stayed
as it is.
#Post#: 66576--------------------------------------------------
Re: brown
DIR By: The Quin of England
Date: May 20, 2021, 10:45 am
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--- Quote from: JammyGit link ---
>
> But I wouldn't be surprised if it stayed as it is.
>
--- End Quote ---
Would it mean if they arrived at this decision, ie. that the
original decision is valid, that the ban would be increased due
to the lodging the Appeal?
#Post#: 66577--------------------------------------------------
Re: brown
DIR By: mighty_quin
Date: May 20, 2021, 10:51 am
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--- Quote from: The Quin of England link ---
>
> Would it mean if they arrived at this decision, ie. that the
original decision is valid, that the ban would be increased due
to the lodging the Appeal?
>
--- End Quote ---
Not necessarily, no. They could do that, but they are also free
to say that the original ban stands, or they can reduce to
mid-severity and apply no mitigation.
I'm hopeful, as per my last post, that he successfully argues it
was overly harsh to go in at top end.
#Post#: 66590--------------------------------------------------
Re: brown
DIR By: Guildford Quin
Date: May 21, 2021, 1:40 am
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I guess they waited to decide whether or not to appeal until
after last weekend's results ? There would have been no point in
risking an appeal if Quins were doubtful for the playoffs, but
with an 11-point gap and 3 games to go, it's worth trying if he
can be available for a couple of games.
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