Crows fail in appeal against Darcy Fogarty's three-match ban

The Crows have failed in their challenge to Darcy Fogarty's three-match striking ban at the AFL Tribunal, the panel finding Fogarty had time to decide to swing his arm at Sydney's Harry Cunningham.

Fogarty was charged after his high hit on Sydney's Harry Cunningham in the second quarter of Adelaide's game with the Swans at the SCG.

Cunningham jumped to try to get the ball deep inside Sydney's defensive 50, and Fogarty came in and caught the Swans player high.

Cunningham was ruled out of the game with concussion and will miss this week's match against cross-town rivals GWS.

The hit was assessed as careless conduct, severe impact and high contact.

The Crows argued that Fogarty's actions did not constitute a strike, and that even if they did it should be high, not severe impact.

AFL counsel, Andrew Woods KC, said the actions were careless and a breach of the duty of care. He said it was no surprise the incident resulted in a concussion.

The contact "was flush, it was direct, and it was on a player whose eyes were on the ball, so he was vulnerable in that moment".

"Cunningham goes to ground, he is visibly severely impacted," Woods said.

"He remains on the ground and requires the help of support staff to get up and exit the field."

After deliberating for less than 20 minutes, the panel returned and chair Jeff Gleeson said they were "comfortably satisfied" that Fogarty had indeed committed the offence of striking.

"Fogarty had time to consider how he would tackle Cunningham in those circumstances. He chose to do so by swinging his right arm forcibly in the direction of Cunningham's upper body and head," Gleeson said.

Fogarty will now miss Crows matches against Collingwood, Essendon and Richmond.