That's probably what the Nhl would say, but it's also a total crock of horse shit. Bernier gets seriously injured with a fractured orbital bone on this play and Burns gets only two games. Briere makes slight contact with Nielsen's helmet with no injury whatsoever after being provoked and gets three games. It makes zero fucking sense. Like 4706 said, it was the crest on the jersey that made the difference, without question.
mm didnt really look that vicious to me.. kinda looked like he got him with the butt end of the stick on accident.. meant to just punch him in the face with his glove, which happens all the time.. briere definitely swung his stick at the guys head..
briere gets 3 because of intent.. burns gets 2 because of result.. neither of those surprise me and i dont really think its unfair that briere got more