“We accept that a reasonable player would have foreseen at the moment of committing to the act of smothering that some impact with Brayshaw was possible. But we find that it was not inevitable from the perspective of a player in Maynard’s position,” Gleeson said in delivering the finding.
“We are not at all satisfied that a reasonable player would have foreseen that violent impact or impact of the type suffered by Brayshaw was inevitable or even likely.
“We are clearly satisfied that Maynard did not engage in the act of bumping Brayshaw. It is not suggested by the AFL and nor could it be sensibly suggested that Maynard made a decision to bump his opponent at the moment of jumping in the air to smother. At that point in time, Maynard was clearly making a decision to smother.
“We accept that a reasonable player would have foreseen at the moment of committing to the act of smothering that some impact with Brayshaw was possible. But we find that it was not inevitable from the perspective of a player in Maynard’s position,” Gleeson said in delivering the finding.
“We are not at all satisfied that a reasonable player would have foreseen that violent impact or impact of the type suffered by Brayshaw was inevitable or even likely.
“We are clearly satisfied that Maynard did not engage in the act of bumping Brayshaw. It is not suggested by the AFL and nor could it be sensibly suggested that Maynard made a decision to bump his opponent at the moment of jumping in the air to smother. At that point in time, Maynard was clearly making a decision to smother.”
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