The elements of assault under s 187(b) of the Criminal Code (NT) — threatened application of force evidenced by bodily movement, without consent, with present actual ability to effect the purpose — may be established by inference from the totality of the accused's aggressive conduct, including blocking a vehicle, breaking a window, opening a door, and partially entering the vehicle while gesturing and yelling. Such conduct goes beyond mere strenuous remonstration. Road rage offending of this nature warrants emphasis on punishment, denunciation and general deterrence, and the objective seriousness of such offending may outweigh otherwise mitigating personal characteristics when considering whether to record a conviction.
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