Judge says student was 'caught up in the heat of the moment' during violence outside Fortnum and Mason in March

Francis Fernie, 20, was involved in violence outside Fortnum and Mason during the 500,000-strong TUC protest. Photograph: National News and Pictures/Metropolitan Police

A student has been sentenced to 12 months in a young offender institution after throwing placard sticks at police during anti-cuts demonstrations in March.

Francis Fernie, who had just completed his A-levels at York College, was convicted for throwing two sticks as violence broke out outside Fortnum and Mason food store, Piccadilly, London, during the 500,000-strong TUC organised demonstration.

Just over 200 people were arrested during the demonstration, including about 150 UK Uncut activists inside Fortnum and Mason. Outside the store breakaway activists smashed and ransacked banks and attacked the front of the Ritz hotel.

Fernie, 20, had travelled from York for the protest to "voice his displeasure at illegitimate cuts".

At Kingston crown court, Fernie's solicitor, Tom Stevens, said the stick throwing was out of character and "a moment of hot-headedness" while drunk, and he asked the court to sentence Fernie to community service.

"I ask that a non-custodial sentence be passed, allowing him to fulfil his promise whilst giving back something to the community in the form of unpaid work for the wrong he has done," Stevens said. Fernie, who handed himself in to police after photos of him were released to the public, will no longer be able to take up his place at Sheffield Hallam University to read sciencee.

Sentencing, Judge Nicholas Price QC said, "I have no doubt that you were caught up in the heat of the moment. In view of the advice by your counsel, the sentence I have imposed is less than the one I originally intended to pass.

"What you did was to throw sticks, probably coming from placards, at the police. It is clear that not only must I take into account your actions but the general day. The CCTV paints a picture of long-lasting violence."

"You have pleaded guilty to the offence of violent disorder. That plea of guilty was tendered at the first opportunity. You surrendered yourself to police when your photo was published and admitted what you had done. For that you will receive full credit," Price said.

However explaining the 12 month sentence the judge told Fernie, who works part time for the social care charity the Avalon Group, that peaceful protest was central to democracy.

"It has been long established in this country that citizens have the right to demonstrate and march in favour or against particular causes. Such a rule has been described by the courts as a hallmark of our democratic society," he said.

"Such a right is safeguarded. However, the rule of law requires that demonstrations are also peaceful. The court does not tolerate violence against anyone and does not condone violence or threats of violence against the police, who are acting in their duty to protect others."