No doubt there is an element of luck in the way punishments are handed out. Sometimes as a society we come down differently on the same careless actions depending on the outcome. If you are looking at your phone while driving and get caught you’ll cop a fine. If you are looking at your phone while driving and you hit someone, you’ll be in a lot more trouble.
Nyhuis’ tackle started fine. At some point the ball dropped out and the tackle continued and went over the line. The tackle pinned Gray’s arm closest to the ground (ie, the one you’d instinctively put down to protect yourself). The power of the lingering tackle forces Gray horizontal, and he tries to get his other arm down, but it’s too late and the force of the tackle is absorbed by Gray’s head on a surface that is probably harder than most.
Watch this video below from about 30s and tell me Gray wasn’t doing what he could to get his arms down. He does, in fact, get his free arm down, it just wasn’t enough to protect him from the force of the tackle. I consider it strange that Gray is held responsible by some for not getting his arm down (he tries), but Nyhius shouldn’t be held accountable for not noticing the ball had come free, not noticing the tackle would finish over the line by a fair margin, and not know that Gray's head was going to be sent slamming to the ground. That’s three different aspects he was pretty careless about.
It was careless, and Gray got his brain rattled so hard it short-circuited. If you’re going to have a rule about dangerous tackles, and consider this tackle doesn't fit the criteria, then you might as well get rid of the rule and pray our players don’t develop CTE over the course of their careers.
www.fremantlefc.com.au/video/2018-07-16/...-reported-for-tackle