R. v. Constanza
Encyclopedia
R. v. Constanza [1997] 2 Cr App Rep 492
is an English
case
, which was heard by the Criminal Division of the Court of Appeal
on appeal from the Crown Court
and is well-known (amongst other cases) for establishing the legal precedent in English criminal law
, that assault
could be committed by causing the victim to apprehend violence which was to take place some time in the not immediate future, that it is not necessary for the victim to see the potential perpetrator of the violence and that it was for the prosecution to prove that fear was in the victim's mind, but how it got there is irrelevant.
. The case against him was that his behaviour was such as to cause the victim (Louise Wilson) to feel that his actions posed a threat to her personal safety. The Crown maintained that Constanza's behaviour, which included, inter alia, following her, making silent telephone calls and writing on her door, and which was described as stalking
, writing over 800 letters to her in the space of 4 months, had caused this fear. Constanza had delivered a letter by hand which when read by the victim, caused her to believe that Constanza had "flipped" and would use force against her. There was medical evidence that the victim was suffering from a clinical state of depression
and anxiety
. The Crown said that Constanza's actions had occasioned actual bodily harm.
as the violence that the victim feared had not been sufficiently immediate because the victim could not see the potential perpetrator. Constanza also argued that an assault
could not be committed solely by words, but physical action was necessary.
The appeal was dismissed. The Court of Appeal held that the time to start measuring the immediacy of the apprehended violence is the time when the victim has the fear, that it would not be right to leave the case to the jury when the violence was anticipated at some time in the distant future and that it is not necessary for the victim to be able to see the potential perpetrator of the violence. In this case, as the victim had believed that the violence could occur at any time, the judge was entitled to leave the question of whether or not the victim had a fear of immediate violence to the jury. The Court of Appeal also held that it is for the Crown (the Prosecution) to prove that fear was in the victim's mind and that it is irrelevant how it got there and that conduct accompanying words could make the words an assault. Therefore, the appellant had committed assault.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
is an English
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
case
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
, which was heard by the Criminal Division of the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
on appeal from the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
and is well-known (amongst other cases) for establishing the legal precedent in English criminal law
English criminal law
English criminal law refers to the body of law in the jurisdiction of England and Wales which deals with crimes and their consequences. Criminal acts are considered offences against the whole of a community...
, that assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
could be committed by causing the victim to apprehend violence which was to take place some time in the not immediate future, that it is not necessary for the victim to see the potential perpetrator of the violence and that it was for the prosecution to prove that fear was in the victim's mind, but how it got there is irrelevant.
Facts
The Appellant (Gaetano Constanza) was charged with assault occasioning actual bodily harm contrary to section 47 of the Offences against the Person Act 1861Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...
. The case against him was that his behaviour was such as to cause the victim (Louise Wilson) to feel that his actions posed a threat to her personal safety. The Crown maintained that Constanza's behaviour, which included, inter alia, following her, making silent telephone calls and writing on her door, and which was described as stalking
Stalking
Stalking is a term commonly used to refer to unwanted and obsessive attention by an individual or group to another person. Stalking behaviors are related to harassment and intimidation and may include following the victim in person and/or monitoring them via the internet...
, writing over 800 letters to her in the space of 4 months, had caused this fear. Constanza had delivered a letter by hand which when read by the victim, caused her to believe that Constanza had "flipped" and would use force against her. There was medical evidence that the victim was suffering from a clinical state of depression
Clinical depression
Major depressive disorder is a mental disorder characterized by an all-encompassing low mood accompanied by low self-esteem, and by loss of interest or pleasure in normally enjoyable activities...
and anxiety
Anxiety
Anxiety is a psychological and physiological state characterized by somatic, emotional, cognitive, and behavioral components. The root meaning of the word anxiety is 'to vex or trouble'; in either presence or absence of psychological stress, anxiety can create feelings of fear, worry, uneasiness,...
. The Crown said that Constanza's actions had occasioned actual bodily harm.
Judgment
Constanza appealed against his conviction on the grounds that the case ought not to have been left to the juryJury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
as the violence that the victim feared had not been sufficiently immediate because the victim could not see the potential perpetrator. Constanza also argued that an assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
could not be committed solely by words, but physical action was necessary.
The appeal was dismissed. The Court of Appeal held that the time to start measuring the immediacy of the apprehended violence is the time when the victim has the fear, that it would not be right to leave the case to the jury when the violence was anticipated at some time in the distant future and that it is not necessary for the victim to be able to see the potential perpetrator of the violence. In this case, as the victim had believed that the violence could occur at any time, the judge was entitled to leave the question of whether or not the victim had a fear of immediate violence to the jury. The Court of Appeal also held that it is for the Crown (the Prosecution) to prove that fear was in the victim's mind and that it is irrelevant how it got there and that conduct accompanying words could make the words an assault. Therefore, the appellant had committed assault.