Case Number:

ON/1616/19

Joel Tomkins #11, Hull KR

Competition:

Super League

Match:

Hull KR v London

Match Date:

2019-09-06

Incident:

Punching in the 61st minute (Butler)

Decision:

Charge

Charge Detail:

Rule – 15.1(a)
Detail – Punching one on one minor
Grade – A

Fine:

£500

Sanctions:

2

Decision On Charge

Player plea:

Guilty, but challenges level of grading

Summary of CM's submissions on the Charge / evidence:

Following a Match Review Panel meeting held on 9th September you are charged with misconduct for a breach of Law 15.1(a) during the above Match.

The Panel reviewed an incident which occurred in approximately the 61st minute of the above Match. In the Panel’s opinion you threw a punches towards an opponent (Butler) one of which made contact with your opponent’s face. The Panel believed that your actions were unnecessary and had the potential to cause your opponent injury.

In accordance with the RFL’s On Field Sentencing Guidelines, the Panel consider that such offence is a Grade A offence (Strikes - Punching – One on one - Minor) The normal suspension range for such offence is from 0 match to 1 match suspension.

Summary of Player's submissions on the Charge / evidence:

Player accompanied by Club Chairman Neil Hudgell. Player pleads guilty to throwing a punch after being subject to three elbows in his face area from the opponent who he was tackling.

This was a reaction by the player to considerable provocation from the opponent. During the tackle the opponent uses foul play and the player reacts to this by throwing punches. It was a case of five punches being thrown to four elbows in the face. Only one of the punches makes contact.

There was no injury sustained and the player was penalised on the field of play. Taking into account these mitigating circumstances it is argued that a Caution would be appropriate in this case rather than a Grade A grading and 1 match suspension.

The opponent was not subject to any Penalty Notice as a result of his actions. It was a heat of the moment incident involving two players only one of whom has been subject of a Penalty Notice. In the interests of fairness it is believed this can be downgraded to a Caution.

Decision:

Guilty, but challenges level of grading

Reasons for Decision:

The Tribunal are considering the grading of this offence as a challenge has been made. In coming to this decision this Tribunal have viewed the footage several times and fully taken into account the submissions made by the player and his representative.

This Tribunal are of the opinion that it was Mr Tomkins that took hold of the opponent (Mr Butler) around his head and neck and took him to the floor. The opponent did catch a glancing blow to the face of the Tomkins which he believes was deliberate. This Tribunal do not share that view.

Mr Butler was being pulled to the floor by his head and neck he was not looking at Mr Tomkins as he fell. Once on the floor it is Mr Tomkins who pulls the opponent towards him in order to deliver two blows, one with the left hand with little or no contact and one with the right that makes clean contact with opponent’s face. The player further wrestles with his opponent and does not allow him to get up. It appears this is done to enable him to throw additional punches.

He throws three punches, one of which catches a glancing blow to Mr Butlers head. It is then suggested that Mr Butler thrusts his elbow into the face of Mr Tomkins when he was on the floor and it is right there is contact with Mr Tomkins face, however, it is noted that Mr Tomkins had placed himself in that vulnerable position and it is important that Mr Tomkins has hold of the forearm that is making contact with his face and at no point seeks to release or roll away from the situation.

This Tribunal do not find that provocation is in fact established. They do find that Mr Tomkins pulled a player towards him in order to punch him and throw five punches, one of which makes contact with the opponent’s face.

This Tribunal clearly feel that the matter was graded correctly. They have now to consider if the challenge to the grading was frivolous.

This Tribunal feel that given there was no initial challenge to the grading and one was only found to allow the hearing in advance of an important game for the club it can only be regarded as being frivolous and therefore the £500 challenge fee should be forfeited.

Decision On Sanction (where found to have committed Misconduct)

Summary of CM's submissions on the appropriate sanction:

The incident occurred in 61st minute of the match. The player clenches his fist and promotes his hand towards the face of his opponent making fleeting contact. The player uses his left hand to grip the opponent and pull him towards him. He clenches his right fist and clearly makes contact with the opponents face.

The player throws three further punches towards the head of the opponent, one of which makes light contact to the back of his opponents head. The players clenched fist makes contact with the opponents head and whilst not done with force it is not accidental. The grading for this charge starts at Grade A.

Summary of Player's submissions on the appropriate sanction:

Accepts he threw one punch but was subject to severe provocation by an opponent who was on top of him and using his elbows into contact with the players face.

Aggravating Factors:

27/05/19 – Dangerous Contact (Grade B, 1 match & £500)
25/02/19 – Dissent (Grade D, 2 matches & £500)
16/06/16 – Dangerous Throw (Grade A)
15/03/11 – Striking (Grade B, 2 matches & £300)

10/06/19 – Disputes decision (Caution)
11/02/19 – Dangerous Contact (Caution)
09/02/15 – Other Contrary Behaviour (Caution)

Suspension:

2 matches (1 match at Grade A and an additional match for frivolous challenge to the grading)