For me, a foul is when you are late on someone with a tackle. Not hitting someone who stops and waits for contact.That's completely irrelevant when discussing one incident of a penalty we should have had today. Unless you think a ref should allow themselves to be influenced by incidents from previous games, which would be mental.
The very last thing you said doesn't matter. His intention is to nick the ball away from Maguire and that's what he did. Then he was fouled.
For me he "won" the penalty, and i hate that term.