Man Spat at MP Who Refused to Give Him a Cigarette

A homeless Londoner spat at an MP who refused to give him a cigarette.

Kenny Defelice, 44, of Harlesden, north-west London, admitted an offence of assault by beating when he appeared at Westminster Magistrates' Court on Wednesday, 27th July 2022.

He also admitted an offence of resisting a police constable in the execution of their duty.

He appeared at the same court for sentencing on Friday, 7th October 2022.

Assault by beating, an offence contrary to section 39 of the Criminal Justice Act 1988, has a maximum penalty of 26 weeks' custody on summary conviction.

The court heard that Jamie Wallis MP was stood outside Paddington Railway Station on the morning of Friday, 24th September 2022, when Defelice approached and repeatedly asked for a cigarette.

The politician was deep in conversation on his mobile phone. Defelice spat at him when he failed to hand over a cigarette.

David Roberts, prosecuting at the sentencing hearing, told the court that "the interaction became heated" and Defelice "became angry" when the Bridgend MP continued his phone conversation.

Spittle landed on the MP's chin and chest.

Police arrived on the scene and Defelice struggled with them, attempted to headbutt them and falsely claimed to have covid-19.

Charles Austin-Groom, mitigating, told the court that his client, a long-term abuser of both drugs and alcohol, had been released from hospital shortly before the offence.

He described the assault as: "A fairly brief incident, albeit a disgraceful one, one that Mr Defelice bitterly regrets".

District Judge Louisa Cieciora, sentencing, said: "This was an absolutely appalling offence. You spat on somebody because they wouldn't give you a cigarette in what you considered to be a timely manner.

"You did spit at him, that is the nature of the assault. I find you did that because it is one of the most disgusting things people can do and you knew that.

"You did it to try to denigrate him, possibly humiliate him."

DJ Cieciora was of the opinion that Dr Wallis' status as an MP had no bearing on the offence.

She sentenced Defelice to a 12-month community order, with a 20-day exclusion from Paddington Railway Station and the requirement of up to days' 20 rehabilitation activity.

She also ordered him to pay Dr Wallis £200 in compensation.

Deflelice arrived at court this morning and vocally greeted reporters with a barrage of abuse and crude gestures.

Call me a cynic, but I somehow doubt he has quite the level of contrition suggested to the court.