Assault

Assault

Physical element

Assault happens when someone performs any act that causes another person to apprehend immediate and unlawful personal violence. What matters is whether the victim truly felt threatened, not the specific action the person took. Physical contact is not required; the apprehension of imminent violence alone suffices to establish assault. In other words, assault is when someone does something that makes another person think they are about to be hurt right away. The person does not actually have to touch or hurt anyone.

“Fear” of violence is not required, meaning that the victim needs not be scared of the violence. A person may be very confident in their ability to counter an attack or does not feel threatened by it in any way. Anticipation of violence will suffice.

The apprehension of violence must be "immediate," meaning it should occur within a reasonably short timeframe, but it does not need to be instantaneous. However, a threat of violence at a future time does not constitute assault. For instance, saying "I will beat you up next week" lacks the immediacy required for assault.

The defendant must perform a positive act, such as a gesture or menacing behaviour, that causes the victim to apprehend violence. Mere words can suffice if they create an immediate threat.

A variety of actions can count as assault, such as saying something threatening, like “Get the knives”, showing a weapon to intimidate someone, or swinging a fist or a stick at a person but missing.

Mental element

The mental element of assault requires either intent or recklessness with respect to causing the victim to apprehend immediate and unlawful violence. The defendant must either: (a) intend to cause the victim to apprehend immediate unlawful violence, or (b) be reckless as to whether their acts would cause such apprehension.

Recklessness means the person knew there was a risk of harm but chose to take that risk anyway. In assault, recklessness means foreseeing that the victim might apprehend immediate unlawful violence and going ahead with the act unjustifiably.

The intent must exist at the exact moment of the act. If the intent develops after the act has already happened, it cannot turn the act into assault.