My day for being corrected. I don't like it....I may have to kill the next person, but I will get off because I was provoked.
Not sure what to think. That video looked pretty compelling and even with a good lawyer and some fancy wording, he looked like he went too far at something.
A reasonable person nearby has to fear for their safety for it to be affray. Have to say that if men were fighting in the open I wouldn't fear for my safety....in an enclosed space I might. My guess is that is the bit that made the jury say not guilty.
Stokes certainly doesn't come out of this whiter than white. I feel he should be suspended by the ECB. At best, he got himself involved in an unsavoury incident. At worst he committed a serious crime and was very lucky not to be convicted.
For some reason they weren't called. Stokes is a violent yob, how the hell he has got away with this is baffling.
And it’s not as though he doesn’t have previous form with this sort of thing. He was sent home from an England Lions Tour in 2013 for late night drinking, and has a few antisocial charges against his record. He essentially needs to be told to grow up, and a suspension could be what he needs, although the outcome wouldn’t be guaranteed.
If he is suspended they may well take into account his “time served” over the winter and put him straight back in the team. Or possibly not. If they beat India this week and go 3-0 up then they may tack another 2-3 months on.
You see , like his lawyer said outside court , only the Jury have seen ALL the cctv footage . I thought he was guilty in the very early stages , but as it moved on and the defence put their case across I Honestly thought he was innocent . Not saying he didn't hit someone , but that he had good cause to do so .
If he had good cause, why was the other guy also not guilty? Seems like the charge was wrong. GBH/ABH for the broken eye socket might have got a result.
You tell me . I don't know . You are suggesting a more serious charge may have got a guilty verdict ?
Affray seems to be the charge when people get in a fight that would alarm an average reasonable person and make them fear for their safety. What Stokes did could have warranted a charge of GBH (though not of the worst kind as you have to prove intent to do major harm to get that conviction), but from admittedly limited research it seems GBH is less commonly used if several people are involved i.e. a fight. I think it came down to accepting some provocation was proved and no one else (if present) would have been worried. The other chap would have been released for the same reason...was he provoked into action by Stokes' actions....yes, he was carrying a bottle but probably initially just intended to drink from it....he wasn't carrying it as a weapon.
https://uk.yahoo.com/sports/news/gay-couple-thank-ben-stokes-181434827.html The gay couple caught up in the Stokes incident confirm what he said...he had stood up for them. Also said he was only joshing with them before the fight took place. One man thanked him for his actions.