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Former England cross-code convert Sam Burgess's intimidation conviction appeal upheld

(Photo by Shaun Botterill/Getty Images)

Former South Sydney NRL captain Sam Burgess’s conviction for intimidating his father-in-law has been quashed after a judge said there was reasonable doubt the offence occurred.

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A magistrate in February found the 32-year-old Burgess had yelled “f*** you, I’m going to get you” 20 centimetres from Mitchell Hooke’s face during an expletive-riddled rage, sparked when Burgess was asked to leave the Hookes’ Southern Highlands property in October 2019.

Goulburn District Court Judge Mark Williams on Friday upheld Burgess’s appeal, saying the former footballer’s version of events was “at least, reasonably possible”.

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The form Richie Mo’unga is showing that has ended the All Blacks first-five debate

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The form Richie Mo’unga is showing that has ended the All Blacks first-five debate

He found “of little relevance” the evidence of the only third-party witness, Mr Hooke’s daughter and Burgess’s sister-in-law Harriet, who had come upon the men arguing after the alleged threats were made.

“This was a case of the word of Burgess against the word of Hooke,” he said.

Judge Williams said the onus remained on the Crown at all times to prove beyond reasonable doubt that an offence occurred.

An accused person “does not have to prove that his version is true” but if the court thinks it “might” be true, he must be acquitted, the judge said.

“The Crown has not eliminated the reasonable possibility that the reasons given by Burgess are true,” the judge said.

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While accepting the argument occurred, Burgess denied swearing in the home and cast the father of his estranged wife Phoebe Burgess as the aggressor.

The incident was sparked after Mr Hooke told Burgess to leave the home when a two-hour agreed visit came to an end, with each man accusing the other of inflaming the situation and continuing it onto the driveway.

As Burgess was driving out of the driveway, he stopped to take photographs of Mr Hooke and other people outside the house he said showed why he’d been loath to leave.

The Moss Vale magistrate instead proposed Burgess had become conscious of his offending conduct and snapped pictures to “arm” himself with material to defend himself.

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“There is no basis for that proposition in the evidence in my view, and the reason Burgess gives for the photographs appears to be a credible one,” Judge Williams said.

Mr Hooke in October testified his own calm words were rebutted with “f*** you, I’m going to get you, you orchestrated all of this”.

“Six foot five, 118 kilograms, threatening to hit me, I was terrified,” the now-65-year-old told the court.

“I had never felt fear like it. My whole body went cold.”

Burgess retired in 2019 after a 270-game NRL and English Super League career and stints with England’s national rugby union and rugby league sides.

He stood down from roles as a commentator and South Sydney assistant coach in October.

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TI 4 hours ago
All Blacks player ratings vs Italy | Autumn Nations Series

Rieko took literally years to turn from a defensive liability at 13 into a guy, who’s defensively sound as it befits the position. And it all came at the cost of him being much less of an offensive threat, than what he used to be. Proctor is a natural 13, he handles, passes, and kicks way better than Rieko ever will, he just isn’t as fast.


It’s unfair to judge Tupaea on the handful of games he’s had in 2022 before he got nearly crippled by a Wallaby lock. What could Tupaea/Proctor pairing be, if they got the same amount of chances as Jordie/Rieko?


Because no matter how you spin it, playing a player outside of his natural position is a poor asset management. No matter how talented he is, he still competes against players who had years and years of practice at the position. And if said guy is so talented that he actually CAN compete against specialists, imagine how much better still he could have been, if he had all those years to iron the toothing issues at the position. It just drives me mad.


Two things I hate in rugby union beyond description: aping after league, and playing players outside of their natural position. Especially considering, that they all admit they hate it, when they’re allowed to speak freely. Owen Farrell spent 80% of his international career at 12, saying every time when asked, that he is a 10 and prefers to play at 10. Those players are literally held at a gunpoint: play out of position, or no national jersey for you.

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