Tort and Graham White Aviation
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.
Contrast: 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.
Compare: 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.
Assault.
The person was in fear that he would be shot by the gun.
Compare: STEPHENS v. MYERS (1830)
R. v. Wilson 1955
A gamekeeper found some poachers, but they were stronger and knocked him down.
The gamekeeper said, 'Get out the knives'.
Assault.
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'.
Assault.
Excessive threat.
Contrast: BLAKE v. BARNARD (1840)
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'. Assault.
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.
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.
Contrast: 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.
Compare: 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.
Assault.
The person was in fear that he would be shot by the gun.
Compare: STEPHENS v. MYERS (1830)
R. v. Wilson 1955
A gamekeeper found some poachers, but they were stronger and knocked him down.
The gamekeeper said, 'Get out the knives'.
Assault.
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'.
Assault.
Excessive threat.
Contrast: BLAKE v. BARNARD (1840)
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'. Assault.
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.