REGULATION 6 6.10.3 The aggravating features of the offending in connection with an Anti- Corruption Breach shall include the following: (a) Whether the Connected Person has a high degree of fault 2 in relation to the Anti-Corruption Breach; (b) Whether the Connected Person has previously been found guilty of any similar Anti-Corruption Breach under these Anti-Corruption Regulations or any Misconduct regulations, whether by World Rugby, a Union or a Tournament Organiser, or of a similar offence under any other laws and/or regulations; (c) Where the amount of any Benefit, directly or indirectly received by the Connected Person as a result of the offence(s), is substantial and/or where the sums of money otherwise involved in the Anti- Corruption Breach(es) were substantial; (d) Where the Anti-Corruption Breach substantially damaged (or had the potential to damage substantially) the commercial value and/or the public interest in the relevant Event(s); (e) Where the Anti-Corruption Breach affected (or had the potential to affect) the result of the relevant Event(s); (f) Where the welfare of a Connected Person or any other person has been endangered as a result of the Anti-Corruption Breach; (g) Where the Anti-Corruption Breach involved more than one Connected Person; (h) Where the Connected Person has not cooperated with any investigation and/or the process (notwithstanding that this may amount to a separate Anti-Corruption Breach); and/or (i) Any other aggravating factor(s) that the Judicial Committee or Judicial Officer (or in the case of an appeal as applicable, the Appeal Committee) considers relevant and appropriate. 6.10.4 The mitigating features of the offending in connection with an Anti- Corruption Breach shall include the following: (a) Whether the Connected Person has a low degree of fault3 in relation to the Anti-Corruption Breach; (b) The presence and timing of an acknowledgement of culpability/wrongdoing and/or remorse by the Connected Person; (c) A good disciplinary record and/or good character of the Connected Person; 2 Comment: For example, a high degree of fault may be an orchestrated Fix or passing of Inside Information for Benefit. 3 Comment: For example, a low degree of fault may be inadvertent passing of Inside Information without Benefit. Last update: 14 January, 2015 126
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