Papa Lazarou
Living in a De Zerbi wonderland
So, serious enough to stop him playing for England until his case is heard? What was Jason Puncheon charged with?
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Ben Stokes charged with affray
- Thread starter Titanic
- Start date
So, serious enough to stop him playing for England until his case is heard? What was Jason Puncheon charged with?
Kaiser_Soze
Who is Kaiser Soze??
- Apr 14, 2008
- 1,355
And that sums up NSC. 3 different answers to the same question, covering the entire spectrum of seriousness.
- Apr 5, 2014
- 25,909
Well, yes. It has to be to maintain all righteousness I suppose.
He's not been charged with any form of assault, which is interesting. Affray is essentially a group of people having a bundle where no-one is singled out for specific charges in relation to the physical outcome.
Impersonating a footballer?
Papa Lazarou
Living in a De Zerbi wonderland
Yet Puncheon has been charged with Assault? and was still playing for Palace. Odd.
BensGrandad
New member
Any offense that can warrant a 3yr custodial sentence must be considered reasonably serious but that is the maximum and seldom enforced I would expect all 3 to be given fines if found guilty. I wonder how quick it will go to magistrates court for a hearing.
- Apr 5, 2014
- 25,909
And that sums up NSC. 3 different answers to the same question, covering the entire spectrum of seriousness.
Although using a combined justification of political type, the maximum sentence is three years but the likely outcome-unless there is previous- is a fine and/or possibly a suspended sentence.
Kaiser_Soze
Who is Kaiser Soze??
- Apr 14, 2008
- 1,355
Very true. If the complainant has suffered the fractured eye socket that has been suggested, then you would imagine he would have been charged with GBH.
- Apr 5, 2014
- 25,909
So I'm guessing, and I emphasise guessing, that the complainant was more an accessory to the affray charge and, in fact, chose not to complain at all.
happypig
Staring at the rude boys
Once again you are so far off the mark that the mark is no longer visible.
The starting point for Affray is a custodial sentence (for a first time offender pleading guilty). In terms of seriousness you could consider it similarly to Assault - Actual Bodily Harm.
Aggravating factors include (but are not limited to): Busy public place, Group action, Injuries caused, People actually put in fear, Vulnerable victim(s).
Mitigating factors include (but, again, are not limited to): Provocation, Did not start the trouble, Stopped as soon as the police arrived.
If he's found guilty, the best advice would be "take a toothbrush to the sentencing hearing"
Dave the OAP
Well-known member
if he is charged with affray, sentence if found guilty is transportation to Australia....oh hang on...
Stokes is a shit hole
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BensGrandad
New member
In my experience whilst working I knew of many people charged with affray or causing an affray and only knew of one who was sent down and that was due to having a record of previous and most received a fine. Despite what you say it is not generally viewed as serious as ABH, although some magistrates say that without the affray there wouldnt be ABH. So if he goes to prison it will be because of who he is rather than the severity of the offense. As I have said I would expect a hefty fine.
I must point out that I have not been in anyway connected to the law or enforcement and can only comment of experience I have seen with customers etc.
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Putting my personnel hat on it puts the Ecb in a difficult position. If it was one of our executives charged in this way we would absolutely dismiss if found guilty and with the images seen probably the same even if not guilty. It is brand damaging.
So my question is do different rules apply and will Stokes play again on a central contract for England?
I cant see how he will if guilty but unsure on not.
So my question is do different rules apply and will Stokes play again on a central contract for England?
I cant see how he will if guilty but unsure on not.
happypig
Staring at the rude boys
When I was a magistrate I dealt with several cases of Affray and ABH. As far as I can remember none received a fine.
Maybe you are referring to cases prior to 1986 when the offence was changed upon the introduction of the Public Order Act ?
Wonder what his bowling form will be like when he returns. Suspect there's a strong chance of seeing affray Ben toss pie.
BensGrandad
New member
I would be talking of around 1990s when we had a pub in Guildford and 1995 when in Midhurst so covered the then Guildford and Chichester magistrates courts. It was a very common occurrence when at Guildford but I will bow to your greater knowledge on such matters. The people I talk of will be pleased that they didnt appear in front of you.
While I understand you have first hand experience & know what you're talking about I can't help but think that this is how the country's prisons have ended up so overcrowded
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happypig
Staring at the rude boys
Magistrates and judges have to abide by sentencing guidelines issued by the Sentencing Council. They are designed to provide consistency of sentencing and work fairly well. They define the Starting Point for any offence and for Affray it's custody. That's not to say, though, that the custody cannot be suspended and some requirements imposed such as unpaid work or alcohol/drug treatment.
My gut feeling is that Stokes, if pleading (or found) guilty, will get a suspended sentence with a couple of hundred hours of unpaid work.
As to prison overcrowding, in my opinion, a lot of it is down to drugs and until we, as a society, have a sensible discussion about drugs and include decriminalising as part of the discussion, then we will continue to send addicts to prison for petty crimes committed to feed a habit; I've personally (with a heavy heart but no choice) had to send someone down for shoplifting to feed a habit when really what was needed was treatment to address the addiction.