Law 5110 Study Guide - Quiz Guide: Implied Consent, Transferred Intent, Booby Trap
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Where it is obvious d cannot actually use force there is no assault, such as shouting threats from a passing train. Lamb pointing an unloaded gun at somebody who knows the gun is unloaded cannot be assault as the apparent victim does not fear immediate force. If the apparent v thought the gun was loaded then this would be an assault. Fear of immediate force is necessary, but immediate does not mean instantaneous, rather. Illustrated by smith v chief superintendent of woking police station 1983 and an approach taken in ireland 1997. Words indicating there will be no violence may prevent an act from being an assault . Words indicating there will be no violence however may also not negative an assault. Light 1857 a confusing decision, perhaps because here d drew his sword and in. Tuberville he did not then v had cause to fear immediate unlawful force.
