Well done for being so patronising, I'm sorry, did I dare to disagree with you?
You commented about an assault being committed. In English law as assault is committed if force is used against a person, or the person has a realistic fear that force is about to be used. There is a defence of reasonableness, if the force used was part of normal social behaviour and widely considered not to be excessive. Sport will use this defence on the basis that someone who has signed up to play contact sport can expect physical contact. However, that defence is open to interpretation, and as wider society do not play the sport, does the tackle fall with accepted social norms of contact? I'm sure the lawyers would love to argue over that one, while charging their normal hourly rate.

Sorry I've no idea who McDuff is, and as I suspect this is more patronising stuff I won't bother googling it.

Yes there is. He crossed it, and has been punished.

No they shouldn't in this case, as it is simply not warranted and opens up a whole can of worms (yes, I'm disagreeing with you).

People like what? Please tell me all about myself, I'm fascinated to find out what I'm like.

He's just been handed the longest ban given out. Not exactly a slap on the wrist.

And more patronising stuff to finish. Do you realise that the thinly disguised swearing and emoticons just make you seem like another angry keyboard warrior?

But if you can reply in a measured manner, answer me this. If you're so keen to see Flower prosecuted, why are you not demanding the police and CPS look at the incident in it's entirety? If you want the criminal law applied on the pitch I would say Ben Flower can mount the defence of provocation from the initial assault by Lance Hohaia. An off-the-ball use of the forearm under the chin is also over the line. The lawyers can then argue over it to their hearts content. All the time with the meter running.

The RFL guidelines draw the line with the grading system.

the RFL are not a law making or law enforcement body. Had Hohaia complained, i have no doubt that police would not only be able to, but would be duty bound to progress it.

This wouldnt set a precedent. It would simply be a decision that what Flower did was bad enough.

They would have, yes. But he didn't so that is somewhat mute. If a player punched another player in any game and they complained to the police they would have to look at it. Its potentially common assault.

i dont believe they would. A punch is a well established part of the game (rightly or wrongly) and there is an expectation of its possibility. What Flower did is entirely different.

I'm not saying the complaint would get anywhere. They would take the nature of the sport, and its governing body into account and likely dismiss it.

A punch is a well established [itransgression[/i. That isn't the same as it being a part of the game. Either the police are duty bound to investigate a complaint where an assault has occurred or they are not. They could not, without any impropriety, investigate Flower without investigating Hohaia.

Just because you have set up a false dichotomy, doesnt make it true.

The police/cps would only be bound to move forward such a complaint if a reasonable person would not expect such an offence to happen during a game.

Who told you that, and why did you believe them? There are lots of scenarios where one might reasonably expect a crime to occur but it does not relieve the police or the CPS from their duties to follow it up. The assault Flower committed occurred in the context of he himself being assaulted, albeit to a lesser degree. There is no way any investigation could turn a blind eye to that.