That evil biscuit eater Brendan Venter?!?
I'm going over ground we've covered before, but the whole mitigation thing is nonsense. Unless a player and his management are mind numbingly stupid, they are going to apologise to their opponent and the referee and behave well at the hearing, it's daft to treat this as mitigation, rather failure to do any of these things should result in a harsher sanction than the sanctions prescribe. In reality, making this change would mean lower sanctions for most offences, but would be preferable in my opinion as it's more transparent / straight forward. I suspect that World Rugby like this added level of obfuscation as it enables them to appear that they are taking foul play more seriously than they actually are to the uninitiated.
The question of repeated foul play is a fair one, can anyone think of any player who has had their ban increased based on their track record? Given the number of times that he has been before the beak, if it hasn't happeded to Dylan Hartley, surely it can't have happened!