Does using words amount to an assault?
Words alone do not amount to an assault. So a person could threaten to kill someone else and this would not attract criminal liability for assault. It may, however, be grounds for the other person to rely upon to obtain an Apprehended Violence Order. If made over the phone or internet, it would amount to an offence under the telecommunications law. However, it would not amount to assault. There is no such law relating to verbal assault. For such words to amount to an assault there must be some corresponding physical action by the accused.
The words, taken with the physical action, may then amount to an assault. For the offence to be made out in these circumstances the accused must be able to carry out the threat immediately. So if the accused, who is in Redfern, rang a person who is in Castle Hill and threatened to shoot them, then this would not amount to an offence. The reason for this is that the threat could not be carried out immediately after the threat had been made. However, if the threat, made over the phone from one house to a house next door and the gun was being pointed out of a window by the accused, then this would amount to an assault because the threat is able to be carried out immediately upon the making of the threat.
In a street situation, again a threat by an accused to belt a person not accompanied with any physical action would not be an assault even though the victim may apprehend that violence. However, if the accused held his fists up in a boxing pose while he said the words and was in the near presence of the victim, then the assault would be complete.