Question 1

Can you assault someone who is brave and not actually frightened?

Accepted Answer

Yes. The test is about 'apprehension' of force, not 'fear'. A claimant simply needs to reasonably believe that force is about to be applied to them. A trained martial artist who is not scared by someone shaking a fist at them can still apprehend that force is imminent and therefore can still be a victim of assault.

Question 2

Is it an assault if the defendant threatens the claimant with an unloaded gun?

Accepted Answer

Yes, it can be. The key is whether it was reasonable for the claimant to apprehend force. If the claimant believed the gun was loaded, and a reasonable person in their position would also have believed it, then an assault has been committed. The defendant's subjective inability to carry out the threat is irrelevant if the claimant's apprehension was reasonable.

Question 3

What is the difference between assault in tort and assault in criminal law?

Accepted Answer

While they are very similar, their purpose differs. Tort law aims to compensate the victim (claimant), whereas criminal law aims to punish the offender (defendant). The standard of proof is also different: tort requires proof on the 'balance of probabilities', while criminal law requires proof 'beyond a reasonable doubt'. For your A-Level exam, focus on the tortious definition unless the question specifies criminal law.

Assault

What you need to know

Assault