Who's Sorry Now: Down by the Riverside

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Re: Who's Sorry Now: Down by the Riverside

Postby captaincolly » Mon Jan 15, 2018 3:00 pm

CPS decision on Stokes expected "imminently" according to a BBC sports reporter on Twitter.
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Re: Who's Sorry Now: Down by the Riverside

Postby captaincolly » Mon Jan 15, 2018 3:05 pm

captaincolly wrote:CPS decision on Stokes expected "imminently" according to a BBC sports reporter on Twitter.

Charged with affray.
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Re: Who's Sorry Now: Down by the Riverside

Postby westoelad » Mon Jan 15, 2018 3:08 pm

captaincolly wrote:
captaincolly wrote:CPS decision on Stokes expected "imminently" according to a BBC sports reporter on Twitter.

Charged with affray.

http://www.bbc.co.uk/sport/cricket/41798404
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Re: Who's Sorry Now: Down by the Riverside

Postby captaincolly » Mon Jan 15, 2018 3:13 pm

westoelad wrote:
captaincolly wrote:
captaincolly wrote:CPS decision on Stokes expected "imminently" according to a BBC sports reporter on Twitter.

Charged with affray.

http://www.bbc.co.uk/sport/cricket/41798404

So the other two who have been charged must be the ones involved in the fracas outside the club. If FTECB aren't considering him for selection until after the court case it should mean we'll see him at Durham after the IPL?
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Re: Who's Sorry Now: Down by the Riverside

Postby captaincolly » Mon Jan 15, 2018 3:16 pm

According to legsidelizzy the maximum penalty is 3 years and an unlimited fine or, if the case concludes in the Magistrates court , the max penalty is 6 months.
I don't know anything about these things so this is a pure guess but I have a feeling a custodial sentence is highly unlikely. Time will tell.
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Re: Who's Sorry Now: Down by the Riverside

Postby westoelad » Mon Jan 15, 2018 3:51 pm

captaincolly wrote:
westoelad wrote:
captaincolly wrote:
captaincolly wrote:CPS decision on Stokes expected "imminently" according to a BBC sports reporter on Twitter.

Charged with affray.

http://www.bbc.co.uk/sport/cricket/41798404

So the other two who have been charged must be the ones involved in the fracas outside the club. If FTECB aren't considering him for selection until after the court case it should mean we'll see him at Durham after the IPL?

FTECB statement.https://www.ecb.co.uk/news/595453
Nowt like a bit of clarity fromFTECB.And that's nowt like a bit of clarity!!!!!..
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Re: Who's Sorry Now: Down by the Riverside

Postby captaincolly » Mon Jan 15, 2018 3:53 pm

westoelad wrote:
captaincolly wrote:
westoelad wrote:
captaincolly wrote:
captaincolly wrote:CPS decision on Stokes expected "imminently" according to a BBC sports reporter on Twitter.

Charged with affray.

http://www.bbc.co.uk/sport/cricket/41798404

So the other two who have been charged must be the ones involved in the fracas outside the club. If FTECB aren't considering him for selection until after the court case it should mean we'll see him at Durham after the IPL?

FTECB statement.https://www.ecb.co.uk/news/595453
Nowt like a bit of clarity fromFTECB.And that's nowt like a bit of clarity!!!!!..

Yep! Typical.
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Re: Who's Sorry Now: Down by the Riverside

Postby southwood » Mon Jan 15, 2018 4:05 pm

captaincolly wrote:According to legsidelizzy the maximum penalty is 3 years and an unlimited fine or, if the case concludes in the Magistrates court , the max penalty is 6 months.
I don't know anything about these things so this is a pure guess but I have a feeling a custodial sentence is highly unlikely. Time will tell.


Depend if he is found guilty. Even if guilty given the circumstances a custodial sentence is unlikely but his pre cons will have to be considered. I doubt if they would justify a custodial sentence either( unless the judge is called Jeffreys).

The only 'sentence ' he will get atm is from FTECB when they reconsider his current England availability. Cannot see them allowing him to play international cricket and I doubt they will prevent IPL work.

The court process should start quite soon ( 3/4 weeks possibily) then an eventual trial in possibily 5/6 months .Presumably the Magistrates will decline jurisdiction so it will be a Crown court trial.

The other 2 charged are the two he allegedly attacked, who were allegedly giving the gay couple a hard time and also,allegedly, threatened them with a bottle.

One of the elements in sentencing, typically, will be harsher treatment of the instigator than other participants. If the cctv etc is to be believed it would suggest that Stokes was not the instigator - a lot will depend on the 2 men who were subject of the abuse/attack by the other 2 defendants ( Hales and Ali).
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Re: Who's Sorry Now: Down by the Riverside

Postby captaincolly » Mon Jan 15, 2018 4:14 pm

southwood wrote:
captaincolly wrote:According to legsidelizzy the maximum penalty is 3 years and an unlimited fine or, if the case concludes in the Magistrates court , the max penalty is 6 months.
I don't know anything about these things so this is a pure guess but I have a feeling a custodial sentence is highly unlikely. Time will tell.


Depend if he is found guilty. Even if guilty given the circumstances a custodial sentence is unlikely but his pre cons will have to be considered. I doubt if they would justify a custodial sentence either( unless the judge is called Jeffreys).

The only 'sentence ' he will get atm is from FTECB when they reconsider his current England availability. Cannot see them allowing him to play international cricket and I doubt they will prevent IPL work.

The court process should start quite soon ( 3/4 weeks possibily) then an eventual trial in possibily 5/6 months .Presumably the Magistrates will decline jurisdiction so it will be a Crown court trial.

The other 2 charged are the two he allegedly attacked, who were allegedly giving the gay couple a hard time and also,allegedly, threatened them with a bottle.

One of the elements in sentencing, typically, will be harsher treatment of the instigator than other participants. If the cctv etc is to be believed it sould suggest that Stokes was not the instigator - a lot will depend on the 2 men who were subject of the abuse/attack by the other 2 defendants ( Hales and Ali).

Thanks. So assuming it goes to the Crown court we're still likely to be months away from the final verdict?
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Re: Who's Sorry Now: Down by the Riverside

Postby westoelad » Mon Jan 15, 2018 4:14 pm

southwood wrote:
captaincolly wrote:According to legsidelizzy the maximum penalty is 3 years and an unlimited fine or, if the case concludes in the Magistrates court , the max penalty is 6 months.
I don't know anything about these things so this is a pure guess but I have a feeling a custodial sentence is highly unlikely. Time will tell.


Depend if he is found guilty. Even if guilty given the circumstances a custodial sentence is unlikely but his pre cons will have to be considered. I doubt if they would justify a custodial sentence either( unless the judge is called Jeffreys).

The only 'sentence ' he will get atm is from FTECB when they reconsider his current England availability. Cannot see them allowing him to play international cricket and I doubt they will prevent IPL work.

The court process should start quite soon ( 3/4 weeks possibily) then an eventual trial in possibily 5/6 months .Presumably the Magistrates will decline jurisdiction so it will be a Crown court trial.

The other 2 charged are the two he allegedly attacked, who were allegedly giving the gay couple a hard time and also,allegedly, threatened them with a bottle.

But does the fact that CPS have referred it specificallyto the magistrate court rather than county court infer that they regard that the matter should be dealt with at that level of duristiction? Or is it normal protocol to go initially to magistrates court?
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Re: Who's Sorry Now: Down by the Riverside

Postby westoelad » Mon Jan 15, 2018 4:22 pm

Some good guidelines here. Stokes will have a top brief and mitigating circumstances i.e. going to a vulnerable party's defense.
https://www.sentencingcouncil.org.uk/of ... em/affray/
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Re: Who's Sorry Now: Down by the Riverside

Postby captaincolly » Mon Jan 15, 2018 4:25 pm

Statement from Stokes.
https://twitter.com/benstokes38/status/ ... 7362717698
westoelad wrote:Some good guidelines here. Stokes will have a top brief and mitigating circumstances i.e. going to a vulnerable party's defense.
https://www.sentencingcouncil.org.uk/of ... em/affray/

His statement implies that he is keen to be able to talk about those mitigating circumstances.
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Re: Who's Sorry Now: Down by the Riverside

Postby southwood » Mon Jan 15, 2018 4:27 pm

westoelad wrote:
southwood wrote:
captaincolly wrote:According to legsidelizzy the maximum penalty is 3 years and an unlimited fine or, if the case concludes in the Magistrates court , the max penalty is 6 months.
I don't know anything about these things so this is a pure guess but I have a feeling a custodial sentence is highly unlikely. Time will tell.


Depend if he is found guilty. Even if guilty given the circumstances a custodial sentence is unlikely but his pre cons will have to be considered. I doubt if they would justify a custodial sentence either( unless the judge is called Jeffreys).

The only 'sentence ' he will get atm is from FTECB when they reconsider his current England availability. Cannot see them allowing him to play international cricket and I doubt they will prevent IPL work.

The court process should start quite soon ( 3/4 weeks possibily) then an eventual trial in possibily 5/6 months .Presumably the Magistrates will decline jurisdiction so it will be a Crown court trial.

The other 2 charged are the two he allegedly attacked, who were allegedly giving the gay couple a hard time and also,allegedly, threatened them with a bottle.

But does the fact that CPS have referred it specificallyto the magistrate court rather than county court infer that they regard that the matter should be dealt with at that level of duristiction? Or is it normal protocol to go initially to magistrates court?

It must go to Mags first who will then refer it on to Crown Court. Even Murder charges go to Mags initially. Crown Court deals with all 'indictable' as opposed to 'summary' offences . if an offence is classed as triable 'either way' it is up to the Mags to decide if they can hear it. fotr a basic explanation see link below.
https://www.gov.uk/courts
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Re: Who's Sorry Now: Down by the Riverside

Postby southwood » Mon Jan 15, 2018 4:28 pm

captaincolly wrote:
southwood wrote:
captaincolly wrote:According to legsidelizzy the maximum penalty is 3 years and an unlimited fine or, if the case concludes in the Magistrates court , the max penalty is 6 months.
I don't know anything about these things so this is a pure guess but I have a feeling a custodial sentence is highly unlikely. Time will tell.


Depend if he is found guilty. Even if guilty given the circumstances a custodial sentence is unlikely but his pre cons will have to be considered. I doubt if they would justify a custodial sentence either( unless the judge is called Jeffreys).

The only 'sentence ' he will get atm is from FTECB when they reconsider his current England availability. Cannot see them allowing him to play international cricket and I doubt they will prevent IPL work.

The court process should start quite soon ( 3/4 weeks possibily) then an eventual trial in possibily 5/6 months .Presumably the Magistrates will decline jurisdiction so it will be a Crown court trial.

The other 2 charged are the two he allegedly attacked, who were allegedly giving the gay couple a hard time and also,allegedly, threatened them with a bottle.

One of the elements in sentencing, typically, will be harsher treatment of the instigator than other participants. If the cctv etc is to be believed it sould suggest that Stokes was not the instigator - a lot will depend on the 2 men who were subject of the abuse/attack by the other 2 defendants ( Hales and Ali).

Thanks. So assuming it goes to the Crown court we're still likely to be months away from the final verdict?

Probably
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Re: Who's Sorry Now: Down by the Riverside

Postby westoelad » Mon Jan 15, 2018 5:11 pm

Hey well it's never dull following Durham even in the close season.
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