As for intent - it's a mitigation / aggravation, and should come into play for sentencing, not deciding guilt or otherwise.
Well guess what? That's wrong too...
[TEXTAREA]
REGULATION 17. DISCIPLINE - FOUL PLAY
Aggravating Factors
17.19.4 Having identified the applicable entry point for consideration of a particular incident, the Disciplinary Committees or Judicial Officers shall identify any relevant off-field aggravating factors and determine what additional period of suspension, if any, above the applicable entry point for the offence should apply to the case in question. Aggravating factors include:
(a) the Player's status generally as an offender of the Laws of the Game
(b) the need for a deterrent to combat a pattern of offending in the Game; and
(c) any other off-field aggravating factor(s) that the Disciplinary Committee or Judicial Officer considers relevant and appropriate.
Mitigating Factors
17.19.5 Thereafter, the Disciplinary Committee or Judicial Officer shall identify any relevant off-field mitigating factors and determine if there are grounds for reducing the period of suspension and subject to Regulations 17.19.6 and 17.19.7 the extent, if at all, by which the period of suspension should be reduced. Mitigating factors include the following:
(a) the presence and timing of an acknowledgement of culpability/wrong-doing by the offending Player;
(b) the Player's disciplinary record and/or good character;
(c) the youth and inexperience of the Player;
(d) the Player's conduct prior to and at the hearing;
(e) the Player having demonstrated remorse for his conduct to the victim Player including the timing of such remorse; and
(f) any other off-field mitigating factor(s) that the Disciplinary Committee or Judicial Officer considers relevant and appropriate.[/TEXTAREA]
In fact, intent has nothing whatsoever to do with aggravating or mitigating factors.
Intent goes to consideration of the seriousness of the foul play involved
[TEXTAREA]
Assessment of seriousness of the Foul Play
17.19.2 Disciplinary Committees or Judicial Officers shall undertake an assessment of the seriousness of the Player's conduct that constitutes the
offending and categorise that conduct as being at the lower end, mid range or top end of the scale of seriousness in order to identify the
appropriate entry point for consideration of a particular incident(s) of Foul Play where such incident(s) is expressly covered in Appendix 1. The
assessment of the seriousness of the Player's conduct shall be determined by reference to the following features:
(a) whether the offending was
intentional or deliberate;
(b) whether the offending was reckless, that is the Player knew (or should have known) there was a risk of committing an act of
Foul Play;
(c) the gravity of the Player's actions in relation to the offending;
(d) the nature of the actions, the manner in which the offence was committed including part of body used (for example, fist, elbow, knee or boot);
(e) the existence of provocation;
(f) whether the Player acted in retaliation and the timing of such;
(g) whether the Player acted in self-defence (that is whether he used a reasonable degree of force in defending himself);
(h) the effect of the Player's actions on the victim (for example, extent of injury, removal of victim Player from the game);
(i) the effect of the Player's actions on the Match;
(j) the vulnerability of the victim Player including part of victim's body involved/affected, position of the victim Player, ability to defend himself;
(k) the level of participation in the offending and level of premeditation;
(l) whether the conduct of the offending Player was completed or amounted to an attempt; and
(m) any other feature of the Player's conduct in relation to or connected with the offending.
Based on the assessment of the offence(s) under consideration against the above features of offending, the Disciplinary Committee or Judicial Officer shall categorise the act of Foul Play as being at the lower end, mid range or top end of the scale of seriousness of offending and identify the applicable entry point as set out in Appendix 1.[/TEXTAREA]
But you go right ahead and keep making things up out of whole cloth and as you go. Its entertaining to watch if nothing else.
