Genner against Sparks
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1794 |
| Date | 01 January 1794 |
| Court | High Court |
English Reports Citation: 87 E.R. 928
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
[173] case 250. genner against sparks. An arrest must be by corporal seizing or touching the defendant's body ; and therefore if a bailiff only pronounce words of arrest, and shew hia warrant, and the defendant escape, the Court will not grant an attachment for a rescue; for he was not legally arrested.-S. C. 1 Salk. 79. Genner was a bailiff, and having a warrant for Sparks came to his house, and finding him in the yard, told him that he had a warrant for him, and pronounced the word arrest, but did not lay his hands on him : whereupon Sparks snatched up a pitchfork, and kept off the bailiff, threatening to kill him if he came nigher ; and thus retreated into his house, and shut the door against the bailiff. Upon all this appearitig on affidavit, Conyers moved for an attachment upon the matter against Sparks, supposing this to be a rescous, or at least a great contempt of the Queen's writ. But per totam Curiam, here was no arrest, the bailiff having not laid hands on the defendant; for his shewing the warrant, and pronouncing the word " arrest," without touching him, was no more an arrest than it would be one if a bailiff sees a man look (a) See the case of Harrison v. Cage and hia Wife, Garth. 467. S. C. 5 Mod. 41. S. C. 1 Salk. 24. 6 MOD. 174. TRINITY TERM, 3 QUEEN ANNE. IN B. R. 929 out at a window, a pair of stairs or two high, and tells him he has a writ for him, and says, that he arrests him ; and therefore in such cases the bailiff cannot break the house to come at the person, as he could lawfully do if he had been his prisoner, and had...
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R. v. Asante-Mensah (D.), (2003) 306 N.R. 289 (SCC)
...45]. Nicholl v. Darley (1828), 2 Y. & J. 399; 148 E.R. 974 (Exch. D.), refd to. [para. 45]. Genner v. Sparks (1709), 6 Mod. Rep. 173; 87 E.R. 928 (Q.B.), refd to. [para. 45]. Spicer v. Holt, [1977] A.C. 987 (H.L.), refd to. [para. 46]. Grainger v. Hill (1838), 4 Bing.(N.C.) 212; 132 E.R......
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R. v. Asante-Mensah (D.), (2003) 175 O.A.C. 317 (SCC)
...45]. Nicholl v. Darley (1828), 2 Y. & J. 399; 148 E.R. 974 (Exch. D.), refd to. [para. 45]. Genner v. Sparks (1709), 6 Mod. Rep. 173; 87 E.R. 928 (Q.B.), refd to. [para. 45]. Spicer v. Holt, [1977] A.C. 987 (H.L.), refd to. [para. 46]. Grainger v. Hill (1838), 4 Bing.(N.C.) 212; 132 E.R......
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Read v Coker
...who is within the distance to which the gun will carry; pointing a pitchfork at a person who is within reach,-Genner [854] v. Sparks, 6 Mod. 173, 1 Salk. 79,-or by any other similar act, accompanied with such circumstances as denote at the time an intention (coupled with a present ability,-......
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Nicholl v Darley, Esquire
...the same is ruled Palm. 53; 2 Kol. 138; Com. Dig. (Execution) c. 12; aiio'ii., 7 Mod. B; and Anon., Loft't, 390. So in Genw/r v. Sparks (6 Mod. 173; 1 Salk. 79), iit was said, that though hare words will not constitute an arrest, yet if the bailiff t mch the party, that is sufficient, and w......
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Table of cases
...355, 384 Gamracy v R. See R v Gamracy Genner v Sparks (1704), 6 Mod Rep 173, 87 ER 928 (QB) ................................ 254 Gentles v Toronto (City) Non-Proit Housing Corp, 2010 ONCA 797 ................................................................................... 254, 272 Goodin......
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Arrest and Compelling Appearance
...In R v Asante-Mensah , 2003 SCC 38 at para 45 [ Asante-Mensah ], the Court quotes with approval from Genner v Sparks (1704), 6 Mod Rep 173, 87 ER 928 at 929 (QB): “If here he had but touched the defendant even with the end of his inger, it had been an arrest ” [emphasis in original]. See, f......