Boris Ignachkov Legal Principles and Key Points:
- 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.
