Element 2: Apprehension Of Unlawful Force

Question 1

Apprehension

Answer 1

C must apprehend that unlawful force will be inflicted upon them (subjective) through one of their 5 senses.

Therefore if D sneaks up on C from behind and commits a battery, no assault has taken place as C could not have possibly apprehended that unlawful force would be inflicted on them.

Question 2

What is the objective element?

Answer 2

The apprehension must be reasonable

Question 3

Danish v Egyptair:

Answer 3

“I do not think that he did apprehend an attack at the time, nor do I think he had reason to”

Question 4

What is essential?

Answer 4

Looking at the context of the situation.

Question 5

R v St George:

Answer 5

“It is an assault to present a pistol at all, whether loaded or not. If you threw the powder out of the pan or took the percussion cap off, and said to the party “this is an empty pistol” then that would be no assault; for there the party must see that it was not possible that he should be injured; but if a person presents a pistol which has the appearance of being loaded, and puts the party into fear and alarm, that is what it is the object of the law to prevent”

But if D tells C the gun is unloaded without physically proving it; it can still amount to an assault