Both right. Murderous intent is to kill or cause really serious harm. Where someone gets punched to the ground and bangs head and thereby suffers fatal (usually brain damage) injury it will almost invariably charged as manslaughter, the attacker intending some but not really serious harm. These kind of cases are often termed ‘one punch manslaughter’ and have a sentence tariff of around 5-8 years with new guidelines coming into force in November. Stokes is nowhere near that territory. Affray carries a max of 3 years but even if convicted I would imagine, given his good character and the circumstances of the offence, a community penalty or suspended imprisonment at worse. Looking at the evidence it would appear that, if initially acting in self defence/defence of others, Stokes then went too far and used unlawful violence, ie not self defence/defence of others. I still fancy his chances, given his celebrity and with good counsel, who will argue that in the heat of the moment he did what he thought necessary and reasonable. I’ve just spent a few weeks prosecuting a 2 handed murder involving weapons, kicking/stamping to the head, both defendants getting life with minimum terms around 20 years, so it’s important to keep this fracas in perspective. Evidentially then, should be Guilty, but would not be at all surprised if he walked.