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Original poster

Charged with affray

51 replies

Gazza321 · 12/12/2013 10:05

Hi
Can anyone please give me some advice as my brother and I have been charged with affray.
The story go's.
We entered a pub, my brother got us a drink and I got us a table, we sat down.
We had a bottle of Jack Daniels with us in a bag, I went to the bar and asked the guy if we it would be ok if we drank some of our own drink? Silly I know! The guy said yes that's fine and handed me 2 glasses...
Anyway about an hour later some guy appeared at our table having a right go at us and there was another 2 guys standing at the bar glaring at us aswel.
We were quite drunk by now.
I got up and went over to the bar to find out why this guy came over and was having a go and before I knew it all hell broke out my brother was hitting one of the men that was glaring at us the guy that first came over tuned out to be the manager of the bar jumped over the bar gabbed a pool cue I put my arms in the air and he broke it across my side. Then I got hold of him and hit him quite a few times and so did my brother! What a mess! We both feel awful about the whole thing! Anyway we left the bar and we were walking home when the police pulled up and arrested us both and we were locked up for around 18 hrs.
Then we were both charged with affray.
My bother has never been in trouble for anything with the police before and I have never been in trouble for anything connected with violence before.
Any advice would be greatly appreciated as we are both very worried about the possible out come. It's all on CCTV and I don't think it's going to make good viewing.
Will we go down for this???

OP posts:
RedHelenB · 12/12/2013 15:00

First offence & remorseful probably not but what on earth made you & your brother act in that way?

eurochick · 12/12/2013 15:03

It sounds like a mess. Is the person who broke a pool cue acrosss you being charged as well?

beeny · 12/12/2013 15:11

IT is unlikely you will go to prison.Obtain as many references as possible try and bring some money to court for compensation.
Make sure you get a decent solicitor and if it is adjourned for probation reports make sure you express remorse.

Original poster
Gazza321 · 12/12/2013 16:24

Hi
Thanks for your reply.
My brother has recently split up with his wife of 10 years, he had 3 children with her and he had to move out.
I was working abroad at the time and he came over to see me.
I understood that he was in a right mess over the split and his children etc...
He wasn't coping well at all, he was living in a not very nice room in a shared house.
I told him that he could live in my property so that he would have a much better standard of living, he moved in and seemed happier.
At the time I was also having relationship problems of my own.
I'm married with one child to a foreign women.
Anyway about 3 weeks ago my own marriage broke down as well.
It was all to much for me so I decided to come back to England.
We have nothing like a close family no support at all in fact.
On the day off the incident we had both been drinking a bit and we met at the house in the afternoon, we was at home cooking in the kitchen and having a few more drinks, we started talking about the fact that nether of us would be with our family's for Christmas this year, we both go a little bit wound up and we had a bit of a brotherly argument.
Anyway we ran out of drink and decided to visit the shop opposite the pub to buy some more. Got the bottle of Jack Daniels, came out of the shop and for god know what reason went into the pub.
We were both a bit drunk and a bit upset, angry, about our situations.
Then this guy came over, and well you know the rest.
I feel sick about the whole thing and it's just added to our misery.
I don't condone violence and I'm not a violent person, just all got mixed up and out of control.
We both regret the who thing so much!

OP posts:
Pancakeflipper · 12/12/2013 16:28

Please leave off the drink.
The reasons behind you drinking that day don't really matter. If no previous then you will probably get a suspended but another judge might give you a custodial sentence. Any injuries to anyone?

Original poster
Gazza321 · 12/12/2013 16:33

No, police just sided with him and arrested us two.

OP posts:
Original poster
Gazza321 · 12/12/2013 16:36

I don't think anything to serous, few bruises and a cut lip to the other two.
Massive bruise on my arm and another on my back from the pool cue.

OP posts:
Original poster
Gazza321 · 12/12/2013 20:15

Thank you! Will do.

OP posts:
beeny · 12/12/2013 22:05

Take pictures of ur injuries

Original poster
Gazza321 · 12/12/2013 22:43

I made police take pictures...

OP posts:
FannyFifer · 12/12/2013 22:54

Is this a joke?

KringleCandleLover · 12/12/2013 23:10

Exh was sentenced to 1 year in prison for affray. 1st offence. He was lucky as the maximum penalty was 15 yrs. Though I'm not sure if it is still the same today.

Magistrates sent the case to Crown Court.

Your solicitor may argue a lesser charge for you if you're lucky.

Pan · 12/12/2013 23:38

No-one here can tell you if you will get an immediate custodial. You have to rely on a solicitor for that. But two blokes getting deliberately annihilated, eventually in a pub, and assaulting people along the way isn't going to go well, and is stuff the public in the 'night time economy' shouldn't have to witness, and a judge or magistrate will reflect that in sentencing.

Original poster
Gazza321 · 13/12/2013 00:33

Yeah, max sentence for affray is 3 years!

OP posts:
Original poster
Gazza321 · 13/12/2013 00:40

No! No joke! Why would you say that?

OP posts:
KringleCandleLover · 13/12/2013 07:30

I'm going back to 1993 so some yrs ago.

Sentences may very well have reduced.

My exh smashed his way thru my living room window to try and attack me and was initially charged with aggravated burglary.

Although he damaged a lot of property and scared the shit out of me and my dd,he never actually touched me.

His barrister argued for a lesser sentence at court and he got a year.

Things may very well be different nowadays.

Let's hope so eh.

prh47bridge · 13/12/2013 09:22

Under the Public Order Act 1986 the maximum sentence for affray is 3 years. This falls to 6 months if the case is heard by magistrates. There can also be a fine as well as or instead of the prison sentence.

If your husband faced a maximum sentence of 15 years and the case was heard in 1993 there must have been other charges as well as affray.

Original poster
Gazza321 · 13/12/2013 12:14

Sounds about right to me.

OP posts:
IslaValargeone · 13/12/2013 12:20

Eh? You went into a pub and the bar staff told you that you could drink your own Jack Daniels and gave you glasses?

Original poster
Gazza321 · 13/12/2013 15:59

Yes they did! And it's on CCTV them handing me the glasses.
We didn't plan to even go to the pub, just the shop opposite.
The plan was to go home, wish we had done now.
Drunk and not thinking straight.
Never again!

OP posts:
Pan · 13/12/2013 20:44

Never again, what? Getting pissed as farts and assaulting people? tbh you are sounding like a couple of drunk yobs who don't when to stop.
When you say 'I've never been done for violence before' what else have you been done for? The judge/mags will take it into account at the point of sentencing.

Original poster
Gazza321 · 13/12/2013 23:31

I'm a teacher of English and I own property in 3 country's. I live between Moscow and England.
The only thing I've ever had before was a caution for a domestic!
Sometimes in life things happen and to be honest with you i really can't be bothered with small minded idiots like YOU! I bet you've never been anywhere or seen much in your sad little life! Pan.

OP posts:
QuintessentialShadows · 13/12/2013 23:35

Funny posting name for somebody claiming never to be done for Violence though. Domestic yes.

Lay off the booze, Gazza!

Pancakeflipper · 13/12/2013 23:35

Oh you sound a delight Gazza the teacher of English.

And I am not a small minded lifeless idiot. And I am not a relation of Pan even though our names may suggest we are.

QuintessentialShadows · 13/12/2013 23:36

You teach English?

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