'[2] In criminal law an assault is defined as an attempt to commit battery, requiring the specific intent to cause physical injury.
[6] For example, an actor shouting "I'm going to kill you" while not moving but in complete shadow and with a knife in their hand could be interpreted as assault.
Specific intent means that when the defendant acted, he or she intended to cause apprehension of a harmful or unwanted contact.
General intent means that the defendant knew with substantial certainty that the action would put someone in apprehension of a harmful or unwanted contact.
'[16] - Lord Steyn Moreover, In Australia, the test for proving tortious assault is formulated as requiring 'proof of an intention to create in another person an apprehension of imminent harmful or offensive contact' .
In the case of Read v Coker,[17] where the claimant was threatened by a group of people who said: 'if you don't leave we will break your neck.
This was clarified in R v Light[20] where the defendant held a spade over his wife's head and said 'if that police officer wasn't outside, I would hurt you'.
[21] Assault can be justified in situations where there is 'lawful justification or excuse'[4] for their actions such as: self-defense or defense of a third party where the act was deemed reasonable and necessary.
[22] Additionally, they could be entitled to: compensatory damages whereby you try and put the claimant in the position they would have been in before the assault occurred,[22] or the claimant could be entitled to an injunction whereby you try and stop repeated behaviour occurring by setting conditions[22] and finally, aggravated damages may be awarded which are awarded if the tort is found to be an affront to someone's dignity.