1 image doesn't do justice to what happened but again that your opinion.I guess here is where we disagree.
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that looks pretty near to me.
You have 4 scenarios here but let me split them in two.
Play on and penalty vs yc and rc. The main difference is fair contest. Le Roux is off his feet, his eyes are always on the ball (same as O'Halloran) and he missed the ball by an inch. I have trouble understanding how that is not a fair challenge in your book.
Fact as stated by World Rugby.
He went with 1 arm and never realistically was near ball. So therefore he wasn't near in my opinion now lets get back to facts - the bit you won't answer?
1. Did he get touch on ball? - No unless you show otherwise.
2. If he doesn't and then collides with a player he becomes a tackler. That's the fact so does he, as a tackler, take due care? - Fact obviously not
It's simple after that. He lead with 1 arm so it was clumsy and clearly under the laws a pen.
4 scenarios you mention is easy under fact of laws.
Is it a pen in laws - Easy. That's a yes.
On to sanction. Is it under law 10.4 - Again easily identified - yes
On to punishment. Was due care attempted to be taken, regardless of intention? No.
How did player (TOH) land? On neck, shoulder or head. Law clearly states that is a red card.
He missed ball by more than inch and regardless of eyes on ball he didn't get it and timing was wrong therefore it a penalty. Now again I'm stating facts but have yet to hear 1 from you.
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And my opinion is he's not near in that pic as his back is turned, he's only 1 arm and is head and shoulder below TOH
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https://www.youtube.com/watch?v=EnuCv7b9kg8
There's the video. Never once went with 2 arms. Never got near same height or jump as is clearly evident when his shoulder hits TOH's hip and while I accept he didn't go to cause an offense. He got his timing wrong and under laws of game it a clear pen. As everyone agreed.
Then if it a pen the laws should be carried out as they are. It's a high/dangerous tackle and laws state way it should be dealt. I've yet to hear a fact against it