Stephens v Myers [1830]

1. Facts:

• During a church meeting, D threatened violence.

• D approached with the intent to inflict violence but was stopped before causing harm.

2. Outcome:

• Verdict: Accused of assault.

• Reasoning: The court found that there was an assault because D had the means of carrying the threat into effect, demonstrating an immediate threat of violence.

3. Impact and Analysis:

• Principle of Assault:

◦ Definition: This case helps to define assault as an act where the defendant creates a reasonable apprehension of imminent harm in the victim, even if no physical harm is ultimately inflicted.

◦ Means of Carrying Out Threat: The presence of the means to carry out the threat was a critical factor in determining that an assault had occurred.

• Legal Implications:

◦ Immediate Threat: The ruling emphasises that the immediacy of the threat and the defendant’s capability to inflict harm are key elements in establishing assault.

◦ Perception of the Victim: It reinforces that assault is concerned with the victim’s perception of imminent danger, not necessarily the actual infliction of physical harm.

• Precedent and Future Applications:

◦ Broad Scope of Assault: This case broadens the understanding of assault to include situations where the threat is not carried out but is perceived as imminent by the victim.

◦ Judicial Reasoning: It underscores the importance of considering both the defendant’s actions and the context in which the threat occurs, influencing how future cases might interpret the immediacy and means of carrying out threats in assault cases.