Key Point
- The mens rea of assault requires the defendant to intentionally or recklessly threatening the use of unlawful force, but does not require the defendant to intend to actually carry out the threat
Facts
- D threatened V with a fake gun
- When D saw that V was frightened, he told her that the gun was a fake
- D was convicted of assault but appealed on basis that he had no intent to physically harm V
Held (Divisional Court)
- Appeal dismissed; D committed an assault
- Assault is defined as when by some physical act, D intentionally or recklessly caused V to believe that immediate unlawful force would be applied
- It is not necessary for D to have intended to carry out the threat of unlawful force
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