"Throughout history, there have been three that have been punished that we can find in Barry Ward, who was fined $10,000, which was later reduced to $5,000 on appeal," Gould explained.
"Bryan Fletcher, who was fined $10,000 and stood down by his club for one game - that was not a direction of the judiciary.
"Paul Gallen received a $10,000 fine for racial vilification in 2009.
"I have no problem going forward if the NRL make a rule that any racial or homophobic slur on the field of this nature, is going to incur a four-week suspension.
"But no player running around on the field of play last weekend would have been aware of the fact that such a slur if picked up and charged, would get a four-week suspension.
"In the past, these sort of things have been dealt with by fines.
"It's fine for the league to say that from now on, 'if you do this we're not going to put up with it' - and we shouldn't - it's going to be a four-week suspension."
Gould said in the aftermath of Montoya's ban, he reached out to former player turned judge Paul Conlon, who said the crime didn't fit the punishment of the contrary conduct charge.
"I've actually spoken to Judge Paul Conlon about this, who used to be judiciary chairman. He was of the view that dealing with this matter under contrary conduct, that it was rather harsh to issue a four-week penalty now, given the players did not know that racial or homophobic slurs would be dealt in that matter," Gould said.
"The past and precedent was always a fine.
"Marcelo Montoya should've been pretty much treated the same way as those on this occasion, and say we're not going to tolerate this anymore from now on... we're not going to have this in the game, and then you've made your statement.
"But for some judiciary members and the judiciary chairman this time to suddenly turn around and say we need to do something about this now, therefore will make an example of you and suspend you... I think is rather harsh in this context.
"It wasn't intended in the context that word would normally be used. It was used in that specific sense of that part of the game, but people will take offence to it and they're right to take offence to it.
"It needs to be stamped out. It can't be said, it's as simple as that.
"At the end of the day, Montoya deserved a penalty and the game cannot have this in the game. We all agree on that.
"But to suddenly pluck four weeks without warning, I think it can be argued that it's unfair to the player.
"It certainly sent a message to the players."
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