Clarification 6-2006

Ruling in Law by the Designated Members of the Rugby Committee

This clarification was incorporated into law in 2009

Request

Situation:
A tackle is made, or attempted, where the initial contact is made below the line of the shoulder, but the arm(s) of the tackler subsequently make contact with the head or neck of the tackled player.
Question:
Even if the subsequent contact with the head or neck is not intentional, but the contact is dangerous, should the referee rule on the intent (initial tackle) ie. No sanction; or should the referee rule on the consequence ie. Sanction?

If the ruling is sanction, would the referee be correct in considering the dangerous aspect as accidental, and consider cards only if he deemed the tackling action to be careless?

Ruling of the designated members of the Rugby Committee

The referee should not rule on intent, but on the outcome. In this situation the outcome was a dangerous tackle in that the tackler made contact with the head or neck of the ball carrier. For this type of tackle the referee has three options available: penalty only, penalty and yellow card, penalty and red card.