Section 87 - Assault without actual battery

(1) A person makes an assault without actual battery on another person, if by an act apparently done in commencement of an assault and battery, the person intentionally puts the other person in fear of an instant assault and battery.

(2) The application of subsection (1) is subject to the following provisions;

(a) it is not necessary that an actual assault and battery should be intended, or that the instruments or means by which the assault and battery is apparently intended to be made should be, or should by the person using them be believed to be, of a kind or in a condition that an assault and battery could be made by means of them;

(b) a person can make an assault, within the meaning of this section, by moving, or causing a person, an animal, or a matter to move, towards another person, although that person or the other person, animal, or matter, is not yet within a distance from the other person that an assault and battery can be made; and

(c) an assault can be made on a person, within the meaning of this section, although that person can avoid actual assault and battery by retreating, or by consenting to do, or to abstain from doing, an act.

Illustrations

Subsection (2)

1. A points a pistol at B in a manner that gives B reasonable grounds for fearing that B will be immediately shot. Here, A commits an assault, although A does not intend to fire, and although the pistol is not loaded, and although A knows that it is not loaded;

2. A at a distance of ten yards from B runs at B with apparent intention of striking B and intending to put B in fear of an immediate beating. Here, A commits an assault, although A never comes within actual reach of B;

3. A being near B, lifts a stick and threatens at once to strike B, unless B immediately apologises. Here A has committed an assault.