Fear caused with fake gun remains assault
The defendant pointed an imitation gun at a woman. He acted in jest, but she was frightened until he told her that it wasn’t real.
Held: The assault was committed. The victim had been put in fear of immediate and unlawful violence.
An assault can be committed by a person purporting to require positive or negative compliance with a condition on pain of an assault. The expected blow following immediately upon the threat to inflict it, may be an assault where D never intends to carry out the threat,
[1976] Crim LR 121
England and Wales
Crime
Leading Case
Updated: 12 November 2021; Ref: scu.539760