The Warwick course is to demolish its existing clubhouse and restaurant and rebuild bigger and better facilities. At the same time, Blu Bar and Grill, which shares the building, will expand into the present pro shop to add around 2, square feet to its floor space to create a new private dining room. I am pleased that my building plans were approved and I can now do this.
However, given the ongoing social and tabloid media commentary and speculation, it seems that some general pointers on the law in this area would assist.
What is the case about? England cricketer Ben Stokes was on Tuesday 14 August acquitted by a jury of affray following a week-long trial at Bristol Crown Court. A co-accused, Ryan Ali, was also acquitted of affray. The facts, put simply, are that in the early hours of 25 Septemberviolence broke out outside a nightclub in Bristol.
Video footage captures part of what took place, and shows a male said to be Ben Stokes throwing punches at two other males. Ryan Hale was also rendered unconscious and suffered concussion. He said that Ryan Ali had then threatened him with a bottle, and that his actions thereafter amounted to lawful self-defence.
Alex Hales was not charged with any offence. The prosecution relied upon the evidence of a doorman and an off-duty police community support officer PCSOas well as video footage.
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Affray is a public order offence, contrary to section 3 of the Public Order Act As we can see, an offence of affray involves the use or threat of unlawful violence, but is concerned not so much with the impact of the violence upon the individual concerned, but with the impact upon the passing public.
The gravamen is the fear that this type of violence causes to bystanders. It is therefore quite different to an assault.
The Crown Prosecution Service guidance on affray provides a handy summary of the relevant law. There are quite a few interesting features.
Affray tends to apply in cases, such as this, where there is a brawl or outbreak of often drunken violence that members of the public might reasonably fear could spiral.
Self-defence is a complete defence to affray. Inthe common law defence of self-defence was put on a statutory footing in section 76 of the Criminal Justice and Immigration Act What it means in practice is as follows: A person acting in genuine self-defence is entitled to use such force as is reasonable in the circumstances as he believes them to be.
It does not matter if the defendant was in fact mistaken, as long as he believed that at the time. It might make the jury less likely to accept your insistence that your belief was genuine; however the bottom line is that a mistaken, unreasonable but genuinely-held belief in the need for force is enough.
The only exception is if your mistaken belief is due to your voluntary intoxication. Because, frankly, getting tanked on Stella and raining fury on Winnie The Pooh in a fountain is not something the courts can condone.
So if you genuinely believe that a machete attack is imminent, what is reasonable has to be assessed by reference to that belief. It is also long-established that a person may strike pre-emptively — you do not need to wait to be hit.
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This searing memoir shares the trauma and triumphs of Lakhdar Boumediene and Mustafa Ait Idir's time inside America's most . But that said, if like me you believe the United States is at war with al-Qaeda and its ideological affiliates (ISIL included), Guantanamo Bay must remain open.
The best opinions, comments and analysis from The Telegraph. (Joe Raedle/Getty Images) American troops should not have to fight the same enemy twice. The Obama administration’s ramped-up efforts to transfer Guantanamo Bay detainees are yet another. At the same time, the accused should face military commissions.
In the end, though, considering the many interests at stake and absence of good alternatives, I believe that the Guantanamo detention facility must remain open for the foreseeable future.
Tom Rogan is an American blogger and writer currently living in London, England. SIX REASONS WHY WE BELIEVE THAT SEBASTIAN BURNS AND ATIF RAFAY ARE INNOCENT. REASON ONE: No hard or scientifically gathered evidence ties them to the crime.
A bludgeoning is an extremely bloody way to kill. It goes, almost without saying, that for one to bludgeon three different people to death and leave no trace of blood in .