Crime XXXXXXXXVI – Assault VIII
2. The
fear must be immediate. The victim must apprehend fear at the time the assault
was committed and not a day, a week, a month later or somewhere down the track.
In
Tuberville v Savage (1669) the defendant placed his hands on the hilt of his
sword and said to the victim “if it were not for the fact that it is
assize-time (the assize judge was in town) I would not take such language from
you”. It was held that the defendant’s acts and actions did not constitute an
assault. In Tuberville v Savage (1669) the defendant had clearly told the
victim that no harm would come to him or her as long as the assize judge is in
town.
In
R v Constanza (1997) the defendant for a period of almost two years followed a
female ex-colleague from work, sent her over 800 threatening letters and made
numerous silent phone calls to her number.
The
victim was eventually diagnosed by a doctor as suffering from clinical
depression and anxiety due to fear caused by the defendant’s actions. The
defendant was found guilty.
In
R v Constanza (1997) the defendant was put in a situation where she had to live
in constant fear of the defendant carrying out his threats and there was no
respite. The threats were ongoing and to some extent it is possible to say that
the threats and the defendant’s actions were designed and carried out to the
cause the victim some sort of a breakdown.
In
Smith v Superintendent of Woking Police Station (1983) the defendant frightened
the victim by staring through the window of her ground floor flat. It was
decided that despite the fact that the defendant was outside the building there
was enough evidence to suggest that the victim was terrified and perceived
immediate violence.
Copyright
© 2019 by Dyarne Ward
Comments
Post a Comment