Pink Floyd guitarist's son didn't know what Cenotaph was 'because he grew up in the countryside without television', judge told in appeal against prison sentence
The son of Pink Floyd guitarist David
Gilmour did not realise he was swinging from the Cenotaph because he
had grown up in the countryside without access to television, a court
has been told.
David Spens, Charlie Gilmour's lawyer, made the revelation about his upbringing to the Appeal Court while arguing his client's 16-month prison sentence should be reduced so he can finish his degree at Cambridge University.
Mr Spens told the hearing that history student Gilmour was aware of the significance of the Whitehall monument but 'didn't realise that the monument from which he was swinging was a war memorial let alone the Cenotaph.'
Gilmour,
21, was 'out of his mind' on LSD, whisky and valium when he indulged in
'outrageous and deeply offensive behaviour' at last December's student
riots.
He was jailed for 16 months in July after admitting a charge of violent disorder - but his lawyer has argued that the sentence was 'unduly harsh'.
Gilmour was seen swinging on the Union Flag at the Cenotaph just hours before he hurled a bin at a car
escorting the Duke and Duchess of Cornwall.
The student also jumped on the bonnet of the car, which was carrying close protection officers, blocking the driver's view of the Prince's Rolls-Royce in front, it was claimed.
Gilmour was also accused of twice kicking a window of Top Shop in Oxford Street as staff and customers cowered inside and he was pictured setting fire to a pile of newspapers by the door of the Supreme Court during central London disorder on December 9 last year.
Mr Spens argued at a hearing at the Court of Appeal that it couldn't be proved the history student was the man who threw the bin, and he 'didn't remember' doing it.
He also added it was still 'not too
late' for Gilmour to begin his third year at University if he has his
sentenced reduced and is released by October 17.
Mr Spens said: 'The concern that I have on behalf of Mr Gilmour is that he is keen to know the outcome, whether there's any prosect, by the 17 October this month, for him to resume his studies.
'His case was he could remember being knocked over by the Jaguar's door, he could remember being at the side of the Royles Royce, he could remember sitting on the Jaguar's bonnet.
'He had no recollection of throwing the bin. He is confident if he threw the bin, he would have remembered'.
He also argued his client had simply being 'playing the fool' and 'acting up' for cameras during the day.
Disputing the length of Gilmour's jail sentence, Mr Spens claimed it was not possible to say for sure the CCTV image of the man throwing the bin was Gilmour despite the figure wearing similiar clothes.
He also argued Judge Price hadn't given him sufficient credit for his guilty plea or consider his personal mitigation enough.
Mr Spens said: 'I do accept on Mr Gilmour's part that anyone who takes part in violent disorder committed by a body of people adds to the overall criminality of the behaviour and therefore will receive a longer sentence than if he had committed the offence in isolation.
'A shorter, sharp shock would be perfectly sufficient to punish him, and at the same time to send a message loud and clear to others who might be minded to act as he did.
'This sentence was unduly harsh, unnecessarily so, his potential, like that of other young people in his position is being wasted while he spends too long in prison.'
During the sentencing hearing at
Kingston Crown Court, it was said that just before his violent outbursts
on December 9 last year, Gilmour had 'binged' on whisky and valium.
In his mitigation, Mr Spens explained how Gilmour had become increasingly 'dependant' on drink and drugs since he was rejected by his biological father, the poet and playwrite Heathcote Williams four months before the incident.
And the night before, the 'gentle' and 'promising' student had binged on LSD and alcohol.
Lord Justice Hughes, sitting with Mr Justice Cranston and Mr Justice Hickinbottom, reserved judgement until next week.
Lord Justice Hughes said it was important to wait for the judgement of the Lord Chief Justice in the sentences imposed on the August rioters, in case there were 'implications' for Gilmour's case.
He said: 'It seems likely to us that we ought to at least see what the other court has to say about disorder, generally.
'We will reserve judgement because we need to see whether there there is any bearing on this from the judgement due in the other court.'
Gilmour was adopted by rock star David Gilmour, worth £78 million, when he married his mother, writer and journalist Polly Samson.
The couple were in court to hear the appeal against their son's sentence, but declined to comment.
David Spens, Charlie Gilmour's lawyer, made the revelation about his upbringing to the Appeal Court while arguing his client's 16-month prison sentence should be reduced so he can finish his degree at Cambridge University.
Mr Spens told the hearing that history student Gilmour was aware of the significance of the Whitehall monument but 'didn't realise that the monument from which he was swinging was a war memorial let alone the Cenotaph.'
Paying the price: Charlie Gilmour, pictured with
his mother, author Polly Samson, and father Pink Floyd guitarist David
Gilmour during his trial
He was jailed for 16 months in July after admitting a charge of violent disorder - but his lawyer has argued that the sentence was 'unduly harsh'.
The student also jumped on the bonnet of the car, which was carrying close protection officers, blocking the driver's view of the Prince's Rolls-Royce in front, it was claimed.
Gilmour was also accused of twice kicking a window of Top Shop in Oxford Street as staff and customers cowered inside and he was pictured setting fire to a pile of newspapers by the door of the Supreme Court during central London disorder on December 9 last year.
Mr Spens argued at a hearing at the Court of Appeal that it couldn't be proved the history student was the man who threw the bin, and he 'didn't remember' doing it.
Rampage: Gilmour's lawyer said he had been 'playing the fool' and 'acting up' for cameras
Mr Spens said: 'The concern that I have on behalf of Mr Gilmour is that he is keen to know the outcome, whether there's any prosect, by the 17 October this month, for him to resume his studies.
'His case was he could remember being knocked over by the Jaguar's door, he could remember being at the side of the Royles Royce, he could remember sitting on the Jaguar's bonnet.
'He had no recollection of throwing the bin. He is confident if he threw the bin, he would have remembered'.
He also argued his client had simply being 'playing the fool' and 'acting up' for cameras during the day.
Disputing the length of Gilmour's jail sentence, Mr Spens claimed it was not possible to say for sure the CCTV image of the man throwing the bin was Gilmour despite the figure wearing similiar clothes.
He also argued Judge Price hadn't given him sufficient credit for his guilty plea or consider his personal mitigation enough.
Mr Spens said: 'I do accept on Mr Gilmour's part that anyone who takes part in violent disorder committed by a body of people adds to the overall criminality of the behaviour and therefore will receive a longer sentence than if he had committed the offence in isolation.
'A shorter, sharp shock would be perfectly sufficient to punish him, and at the same time to send a message loud and clear to others who might be minded to act as he did.
'This sentence was unduly harsh, unnecessarily so, his potential, like that of other young people in his position is being wasted while he spends too long in prison.'
The dark side of the son: Charlie Gilmour was
seen rampaging through the streets of London and was photographed
clambering up the Cenotaph
In his mitigation, Mr Spens explained how Gilmour had become increasingly 'dependant' on drink and drugs since he was rejected by his biological father, the poet and playwrite Heathcote Williams four months before the incident.
And the night before, the 'gentle' and 'promising' student had binged on LSD and alcohol.
Lord Justice Hughes, sitting with Mr Justice Cranston and Mr Justice Hickinbottom, reserved judgement until next week.
Lord Justice Hughes said it was important to wait for the judgement of the Lord Chief Justice in the sentences imposed on the August rioters, in case there were 'implications' for Gilmour's case.
He said: 'It seems likely to us that we ought to at least see what the other court has to say about disorder, generally.
'We will reserve judgement because we need to see whether there there is any bearing on this from the judgement due in the other court.'
Gilmour was adopted by rock star David Gilmour, worth £78 million, when he married his mother, writer and journalist Polly Samson.
The couple were in court to hear the appeal against their son's sentence, but declined to comment.
评论
发表评论