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R v Constanza
''R. v. Constanza'' () 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.
==Facts==
The Appellant (Gaetano Constanza) was charged with assault occasioning actual bodily harm contrary to section 47 of the Offences against the Person Act 1861. 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
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