The Tribunal's Reasons:This matter involves the relatively rare offence of an intentional strike.
Lynch admits he intentionally struck Butts.
He contends that he did not intend to strike him high, but he admits that this is what he did.
The only matter in issue is the level of impact.
The AFL submits that the impact was severe. It is submitted on behalf of Lynch that the impact was either medium or no higher than high.
We find that the impact was severe.
As the AFL noted, Lynch swung his arm in an upwards motion beginning at roughly his own hip, and made forceful contact with the back of Butts’ head, his neck and the top of his back.
Butts went to ground, but was not injured and did not leave the ground as a result of the strike.
The Tigers placed considerable emphasis on the absence of injury.
In our view, however, the potential for injury was very high indeed.
Lynch made a full and unrestrained swing of his arm in an upwards motion and the force of the impact with Butts’ head was considerable.
Lynch initially gave evidence that he could not form a fist with his right hand. It was supported by medical evidence. He conceded in cross examination, having been shown photographs of him forming at least a partial fist that he could clench his fingers other than his middle finger.
In any event, Lynch says that he did not form a fist. Although vision is not sufficiently clear to make a finding to the contrary, we are satisfied that Lynch did not strike Butts with an open hand. Some of his fingers were at least partially clenched.
Importantly, however, Lynch made contact to Butts’ head with the heel of his palm, or at least a partially closed hand. Given the momentum of the swinging arm and the force with which the blow landed, it was quite capable of causing a concussion.
It's also relevant that Butts had no reason to anticipate or expect he may be about to be struck with force to the back of the head.
The marking contest had completely finished and the ball had spilled free.
Butts had no ability to protect himself or attempt to deflect the blow.
Given we have found that the strike had severe impact the table in the guidelines and regulations specifies that the sanction is four or more matches.
In determining the appropriate sanction for an offence that is found to be intentional, severe and high, all aspects of the offence are to be taken into account.
We note in this regard that the Tribunal guidelines provide serious intentional actions will be subject to greater sanctions commensurate with the potential to cause serious injury and/or the potential to prejudice the reputation of any person, club or the AFL, or bring the AFL or bring the game of football into disrepute.
Although a part of this provision dealing with reputation and disrepute was not relied upon by the AFL and we do not take it into account, we do take into account the fact that this was what we regard as a serious intentional action with the potential to cause serious injury.
We already stated we find that this strike had the potential to cause a concussion, and we consider that a concussion is a serious injury.
We consider the totality of the matters, including the fact that Lynch clearly formed an intent to strike Butts, that it was not in play, that he struck Butts in the back of the head and that he did so having swung his arm with great force, we find that a significant sanction is warranted.
We impose a sanction of a five-match suspension.
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