By . Daily Mail Reporter . Last updated at 11:12 PM on 28th October 2011 . The son of Pink Floyd guitarist David Gilmour will spend Christmas behind bars after his appeal against a 16-month jail term for his drug-fuelled rampage during the student protests was thrown out. Charlie Gilmour, 21, was told those who join mob violence must expect ‘significant’ sentences, even if their actions are completely out of character. Lawyers for the Cambridge University history student argued his sentence was ‘unduly harsh’ and that he should be released early. Paying the price: Charlie Gilmour, pictured with his mother, author Polly Samson, and father Pink Floyd guitarist David Gilmour during his trial . But three Appeal Court judges ruled that the penalty could not be described as ‘manifestly excessive or wrong in principle’. In what became one of the most infamous images of the London protests, Gilmour was seen hanging from a Union Flag on the Cenotaph. In a clear warning to others, Lord Justice Hughes said those who take part in demonstrations carry ‘clear responsibilities’ to avoid disorder and violence. The earliest Gilmour can now be released from Wayland prison in Norfolk is next March, when he reaches the halfway point of his sentence. He admitted violent disorder after joining thousands protesting in Trafalgar Square and Parliament Square last December. Gilmour, of Billingshurst, West Sussex, 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 had 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 on December 9 last year. However, the court had previously heard that he did not realise that the monument from which he was swinging was the Cenotaph. The dark side of the son: Charlie Gilmour was seen rampaging through the streets of London and was photographed clambering up the Cenotaph . Gilmour 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 had been claimed. Gilmour was also accused of twice kicking a window of Top Shop in Oxford Street as staff and customers cowered inside. His parents did not attend the Court of Appeal for the appeal announcement. Describing the decision to uphold the 16-month sentence, Lord Justice Hughes said Gilmour's offence was committed in the centre of London 'in the course of serious disorder which occurred in the later stages of what had begun as a generally peaceful demonstration against Government proposals relating to the funding of further education'. There was, he said, 'serious mob disorder'. Rampage: Gilmour's lawyer said he had been 'playing the fool' and 'acting up' for cameras . He said: 'The defendant admitted violent disorder. He was unmistakably captured on CCTV footage in Oxford Street joining in the attack on the windows of a shop. 'He was part of a violent crowd laying siege to the shop, in which both staff and shoppers were trapped. 'He twice ran up and launched heavy kicks at the window, as did others before him and, no doubt, after him. 'The combined effect of the attack was that the windows were at some stage broken - it may well be by the time the defendant joined in. 'The defendant helped himself to a section of a mannequin and carried it away.' Lord Justice Hughes said the Crown's case was that Gilmour also took violent part in the attack on the royal cars a little earlier. There was evidence that Gilmour was 'quite significantly under the influence of both drink and drugs that day'. At times during the day he was clearly 'in good, if intoxicated, humour', the court was told. In Parliament Square earlier in the day 'he can be seen shouting good-humouredly and at another point declaiming poetry'. The judge said: 'Unfortunately, however, his behaviour was not always in this benevolent category.' At one point 'there is no doubt that he crouched down in the doorway of the nearby Supreme Court and tried to set fire to a bundle of newspapers against the wooden doors', but was 'dissuaded and scampered away'. Lord Justice Hughes added: 'That cannot have been other than potentially very dangerous and, in the context of a volatile crowd, very likely to lead others to behave equally dangerously.' He went on: 'A little later he was to be found swinging in an exhibitionist manner and for quite a prolonged period on one of the flags on the Cenotaph. 'This was an incident which, unsurprisingly, subsequently attracted a good deal of attention. Shock: Prince Charles and the Duchess of Cornwall in their car when it was attacked by protesters last December. Charlie Gilmour was convicted of hurling a bin at the escort car behind the royals . 'Deeply offensive as it undoubtedly was, it did not amount to violence and thus was not part of the offence of violent disorder with which he was charged. 'Its relevance in law is limited to the fact that, along with the other behaviour, it demonstrates that he was at times over-excited, out of control, and raising the temperature in a manner which could only be dangerous in the context of a large and angry crowd.' At the original sentencing hearing at Kingston Crown Court, the judge concluded that he was sure Gilmour had thrown a bin at a car in the royal convoy - which had been conveying the Prince of Wales, the Duchess of Cornwall and others to an evening public engagement. The appeal judges ruled that he was 'entitled to come to the conclusion which he did'. Lord Justice Hughes said of Gilmour: 'He is plainly a talented man.' References from people who knew him well described him as a person who is 'generally of gentle and peaceable disposition'. He said the judge at Kingston 'rightly treated what the defendant did as entirely out of character'. The appeal judges agreed with Gilmour's barrister that testimonials from a national charity for the homeless painted a 'picture of his capacity to behave very differently' from the way he did on December 9 last year. He had earned 'considerable praise for respect for others, long hours, reliability and enthusiasm'. It was also clear, said Lord Justice Hughes, that 'he has been much chastened by the realisation of what he did'. Disgraceful: The convoy of royal cars transporting Prince Charles and the Duchess of Cornwall can be seen in this image being attacked during the student riots in Regent Street . He added: 'He has made genuine efforts to stop drinking and taking drugs. He made a public apology soon after the event, stimulated no doubt by the heavy publicity which the graphic pictures of the Cenotaph incident had generated.' The law protects the right of people in this country to demonstrate - to 'make known and in public their feelings on matters of public concern' - but to do so in large numbers in public 'carries clear responsibilities, principally amongst them to act without disorder or violence which puts the public at risk'. The attack on the shops in Oxford Street 'was an attack by a mob on hapless shoppers and staff who were terrified as well as trapped inside, whilst the attack on the cars was upon both public figures and those whose job it was to protect them'. Injured: A police officer is hurt during the student riots last December . Lord Justice Hughes said: 'It is an unavoidable feature of mass disorder that each individual act, whatever might be its character taken on its own, inflames and encourages others to behave similarly, and that the harm done to the public stems from the combined effect of what is done en masse. 'We do not believe that violence in this context and of the kind displayed by this defendant can normally be met by other than significant sentences of immediate custody even for those of otherwise good character.' The sentence passed by the judge 'correctly took account both of the defendant's serious and dangerous acts in this inflammatory context and of his normal character'. Lord Justice Hughes said the sentence was a 'penalty which properly met the facts of this case'. At an Appeal Court hearing earlier this month, David Spens, Gilmour's lawyer, told the court that Gilmour did not realise it was the Cenotaph he was swinging on because he had grown up in the countryside without access to television. He made the revelation about his client's upbringing while arguing that the 16-month prison sentence should be reduced so he can finish his degree at Cambridge. Mr Spens said: ''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 said: '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 'dependent' 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 earlier this month because they wanted 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. Gilmour was adopted by rock star David Gilmour, worth £78million, when he married his mother, writer and journalist Polly Samson .
Cambridge undergraduate reading history claimed he did not know what the Cenotaph was .
Charlie Gilmour was seen swinging from monument during student riots .
Court decides 21-year-old's sentence was neither excessive nor wrong .
Judge says he was 'part of a violent crowd'
By . Daily Mail Reporter . Last updated at 11:12 PM on 28th October 2011 . The son of Pink Floyd guitarist David Gilmour will spend Christmas behind bars after his appeal against a 16-month jail term for his drug-fuelled rampage during the student protests was thrown out. Charlie Gilmour, 21, was told those who join mob violence must expect ‘significant’ sentences, even if their actions are completely out of character. Lawyers for the Cambridge University history student argued his sentence was ‘unduly harsh’ and that he should be released early. Paying the price: Charlie Gilmour, pictured with his mother, author Polly Samson, and father Pink Floyd guitarist David Gilmour during his trial . But three Appeal Court judges ruled that the penalty could not be described as ‘manifestly excessive or wrong in principle’. In what became one of the most infamous images of the London protests, Gilmour was seen hanging from a Union Flag on the Cenotaph. In a clear warning to others, Lord Justice Hughes said those who take part in demonstrations carry ‘clear responsibilities’ to avoid disorder and violence. The earliest Gilmour can now be released from Wayland prison in Norfolk is next March, when he reaches the halfway point of his sentence. He admitted violent disorder after joining thousands protesting in Trafalgar Square and Parliament Square last December. Gilmour, of Billingshurst, West Sussex, 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 had 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 on December 9 last year. However, the court had previously heard that he did not realise that the monument from which he was swinging was the Cenotaph. The dark side of the son: Charlie Gilmour was seen rampaging through the streets of London and was photographed clambering up the Cenotaph . Gilmour 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 had been claimed. Gilmour was also accused of twice kicking a window of Top Shop in Oxford Street as staff and customers cowered inside. His parents did not attend the Court of Appeal for the appeal announcement. Describing the decision to uphold the 16-month sentence, Lord Justice Hughes said Gilmour's offence was committed in the centre of London 'in the course of serious disorder which occurred in the later stages of what had begun as a generally peaceful demonstration against Government proposals relating to the funding of further education'. There was, he said, 'serious mob disorder'. Rampage: Gilmour's lawyer said he had been 'playing the fool' and 'acting up' for cameras . He said: 'The defendant admitted violent disorder. He was unmistakably captured on CCTV footage in Oxford Street joining in the attack on the windows of a shop. 'He was part of a violent crowd laying siege to the shop, in which both staff and shoppers were trapped. 'He twice ran up and launched heavy kicks at the window, as did others before him and, no doubt, after him. 'The combined effect of the attack was that the windows were at some stage broken - it may well be by the time the defendant joined in. 'The defendant helped himself to a section of a mannequin and carried it away.' Lord Justice Hughes said the Crown's case was that Gilmour also took violent part in the attack on the royal cars a little earlier. There was evidence that Gilmour was 'quite significantly under the influence of both drink and drugs that day'. At times during the day he was clearly 'in good, if intoxicated, humour', the court was told. In Parliament Square earlier in the day 'he can be seen shouting good-humouredly and at another point declaiming poetry'. The judge said: 'Unfortunately, however, his behaviour was not always in this benevolent category.' At one point 'there is no doubt that he crouched down in the doorway of the nearby Supreme Court and tried to set fire to a bundle of newspapers against the wooden doors', but was 'dissuaded and scampered away'. Lord Justice Hughes added: 'That cannot have been other than potentially very dangerous and, in the context of a volatile crowd, very likely to lead others to behave equally dangerously.' He went on: 'A little later he was to be found swinging in an exhibitionist manner and for quite a prolonged period on one of the flags on the Cenotaph. 'This was an incident which, unsurprisingly, subsequently attracted a good deal of attention. Shock: Prince Charles and the Duchess of Cornwall in their car when it was attacked by protesters last December. Charlie Gilmour was convicted of hurling a bin at the escort car behind the royals . 'Deeply offensive as it undoubtedly was, it did not amount to violence and thus was not part of the offence of violent disorder with which he was charged. 'Its relevance in law is limited to the fact that, along with the other behaviour, it demonstrates that he was at times over-excited, out of control, and raising the temperature in a manner which could only be dangerous in the context of a large and angry crowd.' At the original sentencing hearing at Kingston Crown Court, the judge concluded that he was sure Gilmour had thrown a bin at a car in the royal convoy - which had been conveying the Prince of Wales, the Duchess of Cornwall and others to an evening public engagement. The appeal judges ruled that he was 'entitled to come to the conclusion which he did'. Lord Justice Hughes said of Gilmour: 'He is plainly a talented man.' References from people who knew him well described him as a person who is 'generally of gentle and peaceable disposition'. He said the judge at Kingston 'rightly treated what the defendant did as entirely out of character'. The appeal judges agreed with Gilmour's barrister that testimonials from a national charity for the homeless painted a 'picture of his capacity to behave very differently' from the way he did on December 9 last year. He had earned 'considerable praise for respect for others, long hours, reliability and enthusiasm'. It was also clear, said Lord Justice Hughes, that 'he has been much chastened by the realisation of what he did'. Disgraceful: The convoy of royal cars transporting Prince Charles and the Duchess of Cornwall can be seen in this image being attacked during the student riots in Regent Street . He added: 'He has made genuine efforts to stop drinking and taking drugs. He made a public apology soon after the event, stimulated no doubt by the heavy publicity which the graphic pictures of the Cenotaph incident had generated.' The law protects the right of people in this country to demonstrate - to 'make known and in public their feelings on matters of public concern' - but to do so in large numbers in public 'carries clear responsibilities, principally amongst them to act without disorder or violence which puts the public at risk'. The attack on the shops in Oxford Street 'was an attack by a mob on hapless shoppers and staff who were terrified as well as trapped inside, whilst the attack on the cars was upon both public figures and those whose job it was to protect them'. Injured: A police officer is hurt during the student riots last December . Lord Justice Hughes said: 'It is an unavoidable feature of mass disorder that each individual act, whatever might be its character taken on its own, inflames and encourages others to behave similarly, and that the harm done to the public stems from the combined effect of what is done en masse. 'We do not believe that violence in this context and of the kind displayed by this defendant can normally be met by other than significant sentences of immediate custody even for those of otherwise good character.' The sentence passed by the judge 'correctly took account both of the defendant's serious and dangerous acts in this inflammatory context and of his normal character'. Lord Justice Hughes said the sentence was a 'penalty which properly met the facts of this case'. At an Appeal Court hearing earlier this month, David Spens, Gilmour's lawyer, told the court that Gilmour did not realise it was the Cenotaph he was swinging on because he had grown up in the countryside without access to television. He made the revelation about his client's upbringing while arguing that the 16-month prison sentence should be reduced so he can finish his degree at Cambridge. Mr Spens said: ''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 said: '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 'dependent' 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 earlier this month because they wanted 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. Gilmour was adopted by rock star David Gilmour, worth £78million, when he married his mother, writer and journalist Polly Samson .
for the Cambridge University history student 'unduly harsh'. Gilmour was seen swinging on the the son: Charlie Gilmour was seen rampaging the windows of a shop. 'He was part of a violent image being attacked during the student riots in Gilmour did not realise it was the Cenotaph he he did. 'This sentence was unduly harsh,