It's one way of looking at the problem. One question though: how the heck do you adjust to a ref who has decided you were going to lose the game? Change the colour of your jersey at half time in order to confuse him?

All refs have a style, some are more prone to whistling, others aren't. Rugby is too complex a sport to expect a purely equivalent reffing from all refs. They'll all make mistakes too, since they are human (Barnes' in 2007 being an infamous example of reffing honest mistake).

That is all fine by me. As long as he treats both teams equally, and according to the rule.