Constanza, R v [1997] EWCA Crim 633 (6 March 1997)

Constanza, R v [1997] EWCA Crim 633 (6 March 1997)

The judge was entitled to leave to the jury the question of whether the complainant had a fear of immediate violence as a result of the appellant's conduct, including written threats. Words alone, including those in a letter, can constitute an assault if they cause such apprehension. The conviction stands.

Citation
[1997] EWCA Crim 633
Parties
Appellant: Gaetano Constanza; Complainant: Louise Wilson; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
06 March 1997
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Assault, Actual Bodily Harm, Immediacy of Threat, Words as Assault
Criminal Law Assault Actual Bodily Harm Immediacy of Threat Words as Assault

Case Brief

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Parties

Gaetano Constanza

Appellant

Louise Wilson

Complainant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant's conduct constituted an assault in law
  2. 2 Whether words alone can amount to an assault
  3. 3 Whether the fear of violence was sufficiently immediate

Ratio Decidendi

The judge was entitled to leave to the jury the question of whether the complainant had a fear of immediate violence as a result of the appellant's conduct, including written threats. Words alone, including those in a letter, can constitute an assault if they cause such apprehension. The conviction stands.

Court Disposition

appeal dismissed

Orders

  • no order as to costs
  • court to consider certification of a question of law of general public importance