Amesbury was charged under Section 39 of the Criminal Justice Act 1988 for common assault. The maximum custodial sentence that can be imposed is six months.
Common assault includes things like pushing, slapping, spitting, waving a weapon, threatening words or raising a fist. It doesn't have to involve physical violence.
A first offence is unlikely to result in a custodial sentence but sentencing depends on the severity of the attack and the severity of the injury.
A case involving serious injury is likely to have been charged as ABH or GBH.
So on the scale of: common assault, ABH, GBH, common assault is the lowest.
The court heard that Fellows recognised the MP and approached him to remonstrate about a bridge closure in the town, with CCTV showing them in discussion for several minutes, but with no aggression or raised voices.
At one point Mr Fellows started to walk away but was re-engaged by Mr Amesbury … Amesbury was heard to say “what” a few times before shouting the word.
The prosecutor said Fellows put his hands in his pockets and turned towards the taxi queue, but when he turned back Amesbury punched him in the head. After he fell to the ground, Amesbury followed him on to the road and started to punch him again, at least five times … he was then heard saying “you won’t threaten your MP again will you”.
In pre-sentenicng the judge said: “This case is within the high culpability category. I accept that the injury was not serious. The sentencing guideline suggests a sentence starting point of a high level community order or a range up to a prison sentence.
Based on that, the actual sentence does sound high so I do wonder what was in the pre-sentencing report or to what extent his position as an MP has influenced the sentencing.
The judge said: Your reference to being a member of parliament in the aftermath brings negative impact to the office you are privileged to hold. Your profile and position of power as a servant of the people ought to be a role model to others. That is something you have to be mindful of in all that you do.
Both men involved in the incident had been drinking.
Compare Reform MP James McMurdock who was jailed for kicking his girlfriend “around four times” after he’d been drinking. He served 21 days. He was 19 at the time, so an adult. When his past came to light after he was elected, he described the attack as a “teenager indiscretion”.
Neither man should be serving as an MP.