What is Assault?
Assault is an intentional and unlawful threat by word or act that gives another person reasonable fear that they will be physically harmed or offensively touched. There should not be any actual occurrence of any kind of injury or physical touch but the accused person must have intentionally acted in a way to cause the fear. Even if a person acts with no intention to harm or if they meant action as a joke or intimidation, their action can still be considered as an Assault.
In simple terms, it means that assaulting someone without actually injuring them is not considered an assault. However, making a threatening gesture or statement is enough to constitute assault.
In R vs St George, the court held that if a person is holding a loaded gun to another person then it will be treated as an assault. Even if the gun is not loaded but the person is holding a gun from such distance that it may cause injury, then it shall be termed as an assault.
Difference between Assault and Battery
Assault and Battery are the two most common crimes that can be charged under Tort Law. Assault and Battery can be treated in both ways where a person can be charged in a civil lawsuit, i.e. demanding a form of compensation in the form of damages in monetary terms, or might be charged with a criminal offense if the accused is found guilty. Hence, understanding the difference between two crimes and their potential outcomes is of utmost importance.
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