• In the case of Logdon v DPP [1976] Crim LR 121, the requirements for the mens rea of assault were reaffirmed. The D ought to have intentionally or recklessly threatened the use of unlawful force, intention to actually carry out the threat is not required.

Facts of Logdon v DPP [1976] Crim LR 121

  • D pointed a replica gun at the V
  • This badly frightened the V
  • D then told her it was a fake gun, but was charged with assault
  • D appealed on the basis that he did not have the intention to harm the V physically

Issues in Logdon v DPP [1976] Crim LR 121

  • Did the D have the necessary mens rea to commit assault?

Held by the Divisional Court

Appeal dismissed – the D was guilty of assault. His actions caused the V to apprehend immediate unlawful personal violence, and he had acted recklessly as to whether such would occur. It did not matter that he lacked the intention causing physical harm.

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