Logdon v DPP – Case Summary

Logdon v DPP

High Court

Citations: [1976] Crim LR 121.

Facts

The defendant pointed a replica firearm at the victim, badly frightening her. He then told her that it was a replica. The defendant was charged with assault.

Issue(s)
  1. Had the defendant committed assault?
Decision

The Court held that the defendant was guilty of assault. His actions had caused the victim to apprehend immediate personal violence, and he had been reckless as to whether this would occur.

This Case is Authority For…

To establish assault, the prosecution must prove two elements:

  • That due to the defendant’s words or conduct they apprehended immediate personal violence; and
  • The defendant intended them to apprehend immediate personal violence or foresaw that such apprehension might be caused.