Facts
The pointed a pistol at the claimant; it was alleged the pistol was not loaded.
Issue
Is pointing an unloaded gun an ?
Held
Lord Abinger suggested that if the pistol was not loaded there would be no assault, since there was no means of carrying out the threat.
Principle
On this view an assault needs an apparent present ability to carry out the threat.
Why it matters
Contrast R v St George; the better modern view focuses on the victim's reasonable apprehension.
Cited in these chapters
Cite this page
Blake v Barnard (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/blake-v-barnard> accessed 31 October 2026
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This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.