I don't know where this idea that assault is never normally taken to court came from. It often is, when two drunks, who are often friends throw one punch at each other, get a bloody nose, get angry but they sober up and friends again, that normally turns into nothing.
When a group of people beat up a guy working, for no reason at all, all get involved, hurt him quite badly, it very very very very often ends up in charges, and charges normally mean court cases.
He'd be up for assault if the guy wasn't either one of two things, paid off, or utterly afraid of testifying and putting an idolised guy away while living around 10k's of liverpool fans any of which he could run into in a dark alley one night, maybe both.
He's up for affray because that group caused a massive amount of commotion which caused violence and harm to more than just one person.
As for comparing it to Barton, i'm unaware of the knife, gun, murder barton commited. He was drunk on two of the occasions, and on the last one simply considered he'd been disrespected by Dabo(exactly what got Gerrard all riled up) and attacked 3 people in 3 instances, unprovoked in a violent manner. Please explain to me how what Gerrard did was on a massively different scale or ball park to what Barton did on each SINGLE occasion? I think by the 2nd and 3rd time sentences should increase due to prior behaviour being taken into account.
But the offence was the same each time, assault, I would really love to know how punching someone repeatedly who did nothing to you, didn't start the fight and didn't even appear to be capable of fighting back is somehow better than what Barton did.
The very simple fact of the matter is if 5 normal thugs did this to a guy working as a DJ, they'd all be in court and ALL be up for charges of assault because the guy beaten up wouldn't be too scared to press charges. If he wasn't famous, he'd be looking at a really bad crime and a long jail term.