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Cooper v Mulcahy [2012] NSWSC 373. Macready AsJ.

109 I note that an assault consists of:

Intentionally creating in another person an apprehension of imminent harmful or offensive contact.

If the threat is actually carried out, the whole incident is properly described as an 'assault and battery'.

Usually both offences occur in rapid succession, and in common parlance the word 'assault' is frequently used as including a battery.

But the one offence may be committed without the other.

A battery may be inflicted on a victim who does not expect it and therefore cannot complain of an assault, as where the victim is struck from behind without warning.

Conversely there may be an assault without battery if the threat to inflict lawful force is not in fact carried out.


See Carolyn Sappideen et al, Fleming's The Law of Torts, 10th ed (2011) Thomson Reuters at 2.70.

* Piets/'battery'>>

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