R v Constanza [1997]

Facts

  • The defendant sent more than 800 threatening letters to the victim, who as a result suffered from clinical depression

Issue

  • Could the defendant be convicted under section 47 OAPA?

Decision

  • Yes, conviction upheld

Reasoning

  • As long as the victim’s fear of violence did not exclude such violence occurring in the immediate future, a conviction for assault could be secured
RELATED CASE  R v Lowe [1993]

Posted in Criminal Law Revision Notes.

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