R v St George [1840] 9 C&P 483

Material Facts:

During an argument, the defendant, St George, pointed a gun he knew was unloaded at the victim who had no knowledge the gun was unloaded. A third party prevented the defendant from taking any further action. The victim later sued for assault.

Issues:

1. Whether or not the defendant, pointing an unloaded gun at the victim, assaulted the victim.

Holdings:

1. The defendant assaulted the victim.

Ratio Decidendi:

Since the claimant was put in fear of being shot, due to being ignorant of the fact that the gun was unloaded, the defendant’s actions constituted an assault. Thus, there was a reasonable apprehension of harm.