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 Post subject: Ben Stokes
PostPosted: Mon Jan 15, 2018 3:12 pm 
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Finally charged - with affray.
A prison sentence is a possibility, though statistically he's much more likely to get a fine, community order or suspended sentence.
Whatever he gets, hope the pillock learns his lesson. It'll be a massive waste of a talent if he doesn't.


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 Post subject: Re: Ben Stokes
PostPosted: Mon Jan 15, 2018 5:01 pm 
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The two who he twatted have also been charged, Stokes statement is interesting it’s seems though the police believe his side of events.

If he wasn’t in the public eye would this have a) taken so long? or b) come to trial. I doubt know the answers genuine question.


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 Post subject: Re: Ben Stokes
PostPosted: Mon Jan 15, 2018 5:03 pm 
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Fairly good chance he'll lose his central contract with England as a result.

As a side note, he recently moved into Adam Johnson's old house - seems the place doesn't carry the greatest luck with it


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 Post subject: Re: Ben Stokes
PostPosted: Mon Jan 15, 2018 5:20 pm 
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Can’t that happening to be honest I wouldn’t that surprised if he tours New Zealand he’s been selected and I’m sure the ECB were aware of the details, he was selected for this currrent ODI series in Australia.


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 Post subject: Re: Ben Stokes
PostPosted: Mon Jan 15, 2018 5:22 pm 
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pools85 wrote:
Fairly good chance he'll lose his central contract with England as a result.

As a side note, he recently moved into Adam Johnson's old house - seems the place doesn't carry the greatest luck with it


As long as he doesn't follow him to HMP Moorland!

I don't know why it took so long either PJ. I suppose because an affray charge might have gone through the criminal courts - that always seem to take a while?

As it's going in front of Magistrates and he's being allowed to play in India, sounds like it's not too serious for him.


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 Post subject: Re: Ben Stokes
PostPosted: Mon Jan 15, 2018 6:37 pm 
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I believe Stokes's stance is that he was trying to help some gay guys who were being picked on!


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 Post subject: Re: Ben Stokes
PostPosted: Mon Jan 15, 2018 7:03 pm 
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pools85 wrote:
Fairly good chance he'll lose his central contract with England as a result.

As a side note, he recently moved into Adam Johnson's old house - seems the place doesn't carry the greatest luck with it



Could we sign him or is cricket different to what we play?

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 Post subject: Re: Ben Stokes
PostPosted: Mon Jan 15, 2018 7:07 pm 
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Superwatty wrote:
I believe Stokes's stance is that he was trying to help some gay guys who were being picked on!


That is apparently how the coming together happened but I think Stokes said that they tried to glass him with a beer bottle and that's how it kicked off. So the fact that two he knacked have also been charged suggests that the Police believe that version of events.


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 Post subject: Re: Ben Stokes
PostPosted: Mon Jan 15, 2018 8:00 pm 
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In the video footage, one of the blokes Stokes went for had clearly hit one of the guys round the back of the head with a bottle. I might be wrong but I'd assume the charge of affray is a compromise, had he been charged with ABH as he was originally arrested, the other blokes would potentially have been up for GBH given the use of a weapon.


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 Post subject: Re: Ben Stokes
PostPosted: Mon Jan 15, 2018 8:01 pm 
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In the video footage, one of the blokes Stokes went for had clearly hit one of the guys round the back of the head with a bottle. I might be wrong but I'd assume the charge of affray is a compromise, had he been charged with ABH as he was originally arrested, the other blokes would potentially have been up for GBH given the use of a weapon.


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 Post subject: Re: Ben Stokes
PostPosted: Tue Jan 16, 2018 12:52 pm 
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Malcolm Dawes Knew My Father wrote:
pools85 wrote:
Fairly good chance he'll lose his central contract with England as a result.

As a side note, he recently moved into Adam Johnson's old house - seems the place doesn't carry the greatest luck with it


As long as he doesn't follow him to HMP Moorland!

I don't know why it took so long either PJ. I suppose because an affray charge might have gone through the criminal courts - that always seem to take a while?

As it's going in front of Magistrates and he's being allowed to play in India, sounds like it's not too serious for him.


The decision as to what to charge is one for the CPS, and there isn't any court process before charge. I've no idea why it should have taken this long; most fights from a night out result in a charging decision in days or weeks, not months.

All cases start in the magistrates' court, even a charge of murder. Affray is an either way offence and the magistrates (or the defendant) may choose to send it to the Crown Court, if there is a not guilty plea. There is no guarantee of a quick outcome here, unless there is a guilty plea.

As for the questions as to why affray, and not abh, I can't be certain, but I know why this is often used. Any assault charge is best pursued with a willing and credible complainant. Affray, however, as a public order offence, can be evidenced without statements from those involved in any fighting. The CPS will often charge affray (or another public order offence), rather than an assault, if the 'victim' is unwilling to give evidence; the CPS can rely instead upon CCTV or any other evidence available. If may be the case that the others involved do not want to give evidence against Stokes. Alternatively, the CPS may have made the decision that the others involved are not credible witnesses, for whatever reason, so have chosen to charge the public order offence as they do not need to rely on these witnesses. Another possibility is that the CPS have taken the view that they're all as bad as each other, and a charge of affray is appropriate for all participants in the incident.

Importantly, none of these interpretations are based on the CPS believing one side or the other; it's probably a pragmatic decision on the best way to proceed.

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