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Ben Stokes charged with affray



LlcoolJ

Mama said knock you out.
Oct 14, 2009
12,982
Sheffield
Nope. Complexity doesn't come into it other than if there is a specific point of law but in that case a bench of three will always have a legal advisor who is a qualified solicitor or barrister (A DJ is a qualified solicitor in his/her own right).

On the second point, there is some anecdotal evidence that juries are reluctant to convict in certain cases due to the perceived harshness of the punishment compared to the nature of the offence (for example an 18 year old bloke pinches a 17 year old girl's bum in a nightclub for a laugh, technically that's indecent assault and so, if convicted, he faces going on the Sex Offenders Register; a jury might think this too onerous and find him not guilty)
You can say "nope" but seeing as I have personal experience of exactly that happening then I'll have to disagree. Unless one of the best solicitors in the country was giving duff advice and the magistrate involved was a liar of course. Who knows?
 








Postman Pat

Well-known member
Jul 24, 2007
6,973
Coldean
Joining up with the England team in NZ.

Ben Stokes will join the England squad in New Zealand after appearing at Bristol Magistrates Court on Tuesday on a charge of affray.

The first hearing of Stokes' trial is scheduled for Monday, 12 March at Bristol Crown Court, although he is not required to return to the UK to attend it.

Stokes, who missed the recent Ashes series which hosts Australia won 4-0, will arrive in Hamilton in Friday, where England face the Black Caps on Sunday.

However, an England and Wales Cricket Board statement said Stokes "is not currently being considered" for the ongoing T20 tri-series, which ends on 21 February.

England then play five one-day internationals and two Tests against New Zealand.
 


BensGrandad

New member
Jul 13, 2003
72,015
Haywards Heath
The report I read said about Stokes and the other 2 sent for trial and the defence will be that it was in self defence. I assume that is Stokes as they cant all claim that.
 












Springal

Well-known member
Feb 12, 2005
24,781
GOSBTS
I know it is the prosecution but the complete opposite of what was reported appears to be coming out in court today. Saying that Ben Stokes was the aggressor, flicked cigarettes at the gay couple and mocked them. I thought he was meant to have been sticking up for them?
 


Normal Rob

Well-known member
Jul 8, 2003
5,795
Somerset
I know it is the prosecution but the complete opposite of what was reported appears to be coming out in court today. Saying that Ben Stokes was the aggressor, flicked cigarettes at the gay couple and mocked them. I thought he was meant to have been sticking up for them?

That's how it was reported from memory. I guess this explains why it's been taken this far, rather than being dropped.
 


bobbysmith01

Well-known member
Feb 6, 2015
806
I know it is the prosecution but the complete opposite of what was reported appears to be coming out in court today. Saying that Ben Stokes was the aggressor, flicked cigarettes at the gay couple and mocked them. I thought he was meant to have been sticking up for them?

Reported by the Sun I believe!


Sent from my iPhone using Tapatalk
 




Jul 5, 2003
6,776
Bristol
I know it is the prosecution but the complete opposite of what was reported appears to be coming out in court today. Saying that Ben Stokes was the aggressor, flicked cigarettes at the gay couple and mocked them. I thought he was meant to have been sticking up for them?

Every report I read said was he defending a gay couple who were being abused.
Beginning to sound like he could be in a spot of bother.
 








hans kraay fan club

The voice of reason.
Helpful Moderator
Mar 16, 2005
62,759
Chandlers Ford
From the couple of reports I have read of today's proceedings, it sounds as though the couple were more or less incidental to the later violent confrontation. The prosecution is building a picture of Stokes (and Hales) spoiling for a fight. After being refused re-entry to the (closed) nightclub, Stokes showed aggression to the bouncer, then to the couple, before the events that led to the arrest.

Unfair to draw any conclusions until his side have had their say, though.
 


Billy the Fish

Technocrat
Oct 18, 2005
17,594
Haywards Heath
From the couple of reports I have read of today's proceedings, it sounds as though the couple were more or less incidental to the later violent confrontation. The prosecution is building a picture of Stokes (and Hales) spoiling for a fight. After being refused re-entry to the (closed) nightclub, Stokes showed aggression to the bouncer, then to the couple, before the events that led to the arrest.

Unfair to draw any conclusions until his side have had their say, though.

Spot on.

Another important point here is that the two blokes he was fighting are also charged with affray so the stakes are high for everyone. Their legal team will be trying to paint Stokes as a mentalist and their clients as scared little lambs. Stokes' legal team will be doing the same.

I find it a bit weird that the media can report accusations as if they were fact as long as they add the words "a court has heard".
 


The Large One

Who's Next?
Jul 7, 2003
52,343
97.2FM
I find it a bit weird that the media can report accusations as if they were fact as long as they add the words "a court has heard".

That's because the accusation is a fact.

By that I mean, they have made an accusation and they are reporting that accusation. They're also putting those accusations in direct quotes, to show that those were the words used in court. Whether that accusation has any basis in truth is for the court to decide.
 


Billy the Fish

Technocrat
Oct 18, 2005
17,594
Haywards Heath
That's because the accusation is a fact.

By that I mean, they have made an accusation and they are reporting that accusation. They're also putting those accusations in direct quotes, to show that those were the words used in court. Whether that accusation has any basis in truth is for the court to decide.

This is what BBC news have written.

England cricketer Ben Stokes mocked two gay men and flicked a cigarette butt at one of them before brawling with two other men, a court has heard.

They don't state that it's an accusation, how many people are going to read that and assume it is fact? I'm saying they should have to make it more clear in the wording.
 




The Large One

Who's Next?
Jul 7, 2003
52,343
97.2FM
This is what BBC news have written.



They don't state that it's an accusation, how many people are going to read that and assume it is fact? I'm saying they should have to make it more clear in the wording.

In terms of what is acceptable in court reporting, that way is fine.

It's a true fact that a court has heard that that 'England cricketer Ben Stokes mocked two gay men and flicked a cigarette butt at one of them before brawling with two other men'. If the qualifying part 'a court has heard' wasn't there, then yes, that would be seen as an irrefutable 'fact'.

It's pretty clear, in the context of what's being written, that it's an accusation.
 




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