3 things then:
1. The tackle technique and reasons for this are pretty much exactly as I described
2. This sentence is debatable - "We do not accept that Mr Hooley’s actions were so out of the range of expected responses that this contact can properly be described as accidental" - but I accept there will be differing views on what level of duck/dip is normal
3. Recklessness is referred to in RFU Regulation 19.8.11(b). It is defined in the RFU Regulation 19 appendix 5 as “the player knew (or should have known) that there was a risk of committing an act of illegal and/or foul play”. The note goes on to state;
“The offences in World Rugby law 10.4 do not require mens rea ... they create offences of strict liability ... An offence is committed if the prohibited act occurs. The definition of recklessness is derived from World Rugby Regulation 17 ... it serves to penalise players whose conduct is other than purely accidental and is designed to prevent the risk of injury to other players ... Thus, again by way of illustration, where a player intends to tackle an opponent by contact with his chest, but the opponent ducks just before contact is made so the contact is with the neck, an offence contrary to law 10.4(e) will have been committed. In assessing the relevant entry point for sanction it would be appropriate to decide that this offending was reckless because there was a risk that the opponent would duck into the tackle, or that the tackler might misjudge the point of contact. It could not be said in these circumstances that the contact with the head was purely accidental.”
Number 3 puts the onus 100% on the tackler, and gives the attacking player a green light to duck and put themselves in danger, but it does explain the offence here.
Which leads me to ask again, how have they reached YC on field? They have discussed mitigation, then punished anyway, and seem to have pulled it out of thin air?