Blake v. Barnard 1840

A man put his gun at the head of another and said, 'Be quiet or I blow your brain out'.

No assault.

If the person did what he is told nothing would happen.
READ v. CROKER (1853).

Byrne (Canada) 1968 Canada Supreme Court

A man went into a bank.
Having a jacket over his hand, he said: I have a gun, give me the money or I shoot.

No assault.

He did not show the gun.
Persuasive precedent.

Janvier v. Sweeny 1919 Court of Appeal

Private detectives tried to get information about a woman.
They said to the maid that she should get some letters of her mistress and give them to the detectives.
If she did not do that they would tell the police that her boyfriend was a German (he was not, but he would be imprisoned nevertheless).
She suffered a nervous shock.

Intentional injury.

Application of the WILKINSON v. DOWNTOWN (1897) principle.
KHORASANDJIAN v. BUSH (1991) - nuisance case.

R. v. St. George 1840

St. George had an argument with Mr Durant and took out a gun.
Before he could shoot another person prevented him from shooting.


The person was in fear that he would be shot by the gun.

R. v. Wilson 1955

A gamekeeper found some poachers, but they were stronger and knocked him down.
The gamekeeper said, 'Get out the knives'.


Words are sufficient.

Read v. Croker 1853

A man was told to leave.
At that moment he became a trespasser because he did not leave.
The other one said, 'If you do not leave, we will break your neck'.


Excessive threat.

Rozsa v. Samuels 1969

Rozsa threatened to punch Samuels with his fist.
Samuels took out a knife and said, 'I will cut you into pieces'.


Excessive force (guns to guns, knife to knife, otherwise self-defence).

Smith v. Superintendent of Woking Police Station 1983

Smith wanted to frighten a woman who sat in her house through a window.
Everything was closed.


The woman was frightened.

Stephens v. Myers 1830

A person wanted to hit another.
A third man took his arm and thus stopped him hitting the other person.


The person was in fear of being hit.
R. v. ST. GEORGE (1840)

Tuberville v. Savage 1669

They had an argument.
T put his hand at his sword, holding it for self-defence ('If there were no judges in town').
S drew his sword and hit him in the eyes.

No assault.

T's words negated the intention.