Tuberville v Savage
Words can negate what would otherwise be an assault, if they show that no violence is intended.
Facts
During an argument, Tuberville put his hand on his sword and said to Savage: If it were not assize time, I would not take such language from you. The assize judges were in town at the time. Savage then attacked Tuberville and injured him, and argued that Tuberville had assaulted him first.
Legal principle
The court held that there was no assault by Tuberville, because his words showed that he did not intend to use violence, since it was assize time. An assault requires that the victim apprehends immediate unlawful force, and the words accompanying a threatening gesture can make it clear that no force is intended. The case is a classic illustration of how words can negate an assault.
Related cases on non-fatal offences against the person
- Collins v Wilcock [1984] 1 WLR 1172
- Director of Public Prosecutions v Smith (Michael) [2006] EWHC 94 (Admin), [2006] 1 WLR 1571
- JCC (A Minor) v Eisenhower [1984] QB 331
- Logdon v Director of Public Prosecutions [1976] Crim LR 121
- R v BM [2018] EWCA Crim 560
- R v Bollom [2003] EWCA Crim 2846, [2004] 2 Cr App R 6
- R v Brown [1994] 1 AC 212
- R v Chan-Fook [1994] 1 WLR 689
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
