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But serious foul play and violent conduct are different offences albeit with the same outcome. This thread is about fouls and therefore about serious foul play; in this regard intent is simply not a part of the rule because it can't be gauged. You're moving into the realms of violent conduct...

By how dangerous it is. You can't judge intent, that's why it isn't in the law. You can look at something and judge how dangerous it is though.