Tuberville laid his hand upon his sword saying, ‘If it were not Assize time I would not take such language.’ It was held that the act could have amounted to an assault but for ‘the declaration that he would not assault him, the Judges being in town.’ ; and the intention as well as the act makes an assault. Therefore if one strike another upoti the hand, or arm, or breast in discourse, it is no assault, there being no identim to assault ; but if one, intending to assault, strike at another and miss him, this is an assault : so if he hold up his hand against another in a threatening manner and say nothing, it is an assault. In the principal case the plaiutiff had judgment.
Citations:
[1669] EWHC KB J25, [1669] EngR 2160, (1669) 1 Mod 3, (1669) 86 ER 684 (C)
Links:
Cited by:
Cited – Regina v Ireland CACD 14-May-1996
Silent telephone calls which resulted in psychiatric damage to the victim could constitute an ‘assault occasioning actual bodily harm’ for the purposes of section 47 of the 1861 Act. Swinton Thomas LJ said: ‘The early cases pre-date the invention of . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 04 July 2022; Ref: scu.235709