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February 19, 2018, 12:00:11 AM

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Author Topic: England Cricket chat  (Read 36927 times)
kukushkin88
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« Reply #645 on: February 13, 2018, 03:58:10 PM »

The charge of affray is made under the Public Order Act 1986 and effectively relates to fighting in public.

So how does he plead not guilty , given the video evidence?

Self defence is the likely answer.

You can commit a crime to prevent another crime.  So if the victim was trying to smash a bottle over someones head you could hit him pretty hard?   Not sure you can say he used reasonable force.  Leave that to the jury?   You could say he went over the top, but you'd have to be pretty certain to find him guilty.  

You are right. It seems like there's quite a lot of case law where people intervening in a violent situation were given a favourably wide interpretation of reasonable and proportionate force. I'd have thought he has a decent chance of being found not guilty.
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