The act of handing over a written note containing a threat does not constitute an 'assault' within the meaning of s 245 of the Criminal Code (Qld), because the note is merely the vehicle for communicating the threat, not a bodily act or gesture by which force is threatened to be applied. Assault under s 412(1) is a distinct element from the threat to use actual violence. Prosecutors charging attempted robbery under s 412(1) must identify a separate bodily act or gesture constituting the assault element, distinct from the communication of the threat.
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