So you wouldn't mind if I wasn't convicted for my aforementioned theoretical example? As you seem to suggest that the guy in the OP post should not have been convicted.
I would be liable to give you a smack if I saw you but I wouldn't expect you to be jailed for it - if I take offence to something you do, that would be between me and you to sort out, not something I think the state should be getting involved in.
I would do the same as you BTW if roles were reversed)