She should have been tried according to the rules
Common Assault
Under section 39 of the Criminal Justice Act, a common assault occurs when an individual assaults or commits a battery against another person. A battery refers to the use of unlawful force, including pushing, slapping or spitting on another person. An assault refers to when one person makes another feel threatened of an immediate force being made against them. Examples of this type of action include raised fists or gestures suggesting physical harm is imminent such as running fingers across the throat. It is not necessary for physical contact to take place in order for a person to be guilty of common assault.
The maximum sentence that can be given for a conviction of common assault is 6 months imprisonment. An alternative option to a prison sentence is the imposing of a community order, a fine or both.