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Drug Free Sport New Zealand v Jared Neho


Anti-doping – rugby league player tested positive for cannabis – admitted violation – gave evidence that he knew his obligation and he gave up smoking prior to the rugby league competition commencing – withdrew from team for family and work commitments – after he withdrew from the team he occasionally smoked cannabis again – however, due to injuries and unavailability of other players, he filled in – Tribunal accepted he did not intend to enhance his sports performance – aggravating factor that he knew he should not be taking the substance and played knowing the risk – mitigating factor of his late call up into the team – appropriate starting point for penalty was four months’ suspension – however, under Anti-Doping Rules, he has to receive a credit for the period he has been provisionally suspended (which commenced on 11 December 2012) – because the time he has been provisionally suspended has been in the rugby league off season when he would not have been playing, a credit for this period against a four month period of suspension will give an effective suspension of less than four months – taking all the circumstances into account, appropriate penalty was a 12 week suspension starting on 25 January 2013.

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