Stephens v Myers
An attempt to strike another person, by a person who is close enough to do so if not prevented, is an assault, even if the blow does not land.
Facts
During a parish meeting, Mr Myers became angry with Mr Stephens, who was chairing the meeting. Mr Myers advanced towards Mr Stephens, with his fist clenched, saying that he would rather pull the chairman out of the chair than be turned out of the room. He was stopped by the churchwarden before he reached Mr Stephens. Mr Stephens sued for assault.
Legal principle
Tindal CJ directed the jury that it is not every threat, when there is no actual personal violence, that constitutes an assault, but that there must, in all cases, be the means of carrying the threat into effect. If Mr Myers was advancing with intent to strike Mr Stephens, and was so close that he would have struck him if he had not been stopped, that was an assault. The jury found for Mr Stephens.
Related cases on trespass to the person
- Austin v Commissioner of Police of the Metropolis [2009] UKHL 5, [2009] 1 AC 564
- Bird v Jones (1845) 7 QB 742
- Collins v Wilcock [1984] 1 WLR 1172
- F v West Berkshire Health Authority (Re F (Mental Patient: Sterilisation)) [1990] 2 AC 1
- Herd v Weardale Steel, Coal and Coke Co Ltd [1915] AC 67
- Letang v Cooper [1965] 1 QB 232
- Meering v Grahame-White Aviation Co Ltd (1919) 122 LT 44
- Murray v Ministry of Defence [1988] 1 WLR 692
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