Definition of Assault: To commit this offence the defendant must intentionally or subjectibely recklessly cause another person to fear immediate unlawful personal violence. This was set out in the case of Fagen and reinforced in the case of Ireland
Actus Reus of Assault: The actus reus of assault requires some action or words. There is no need for physical contact. The actus reus is completed when the defendant does any act or says something which causes the victim to believe that unlawful force is about to be used against him. This could include
- Raising a fist towards someone
- Throwing a stone at the victim which just misses
- Pointing a loaded gun at someone in range
- Saying something like, "i'm going to hit you
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