He was convicted under Section 47 Actual Bodily Harm of the Offences Against the Person Act 1861 and his case was appealed to the then presiding court, House of Lords.

Burstow was convicted of Grievous bodily harm contract to Section 20 of the Offences Against the Person Act 1861.

He appealed his case to the House of Lords on the grounds that silence cannot amount to Assault or Bodily harm.

[1] The decision to convict the defendant Ireland was upheld by the House of Lords, finding assault in English law can be found without verbal interaction.

There is no reason why something said should be incapable of causing an apprehension of immediate personal violenceThe decision in Burstow was that the word 'inflict' as in 'inflict bodily harm' can be interpreted as 'caused' and thus does not require any proof of a direct application of force.