R v Constanza [1997] 2 Cr App R 492

Court of Appeal

Facts: Over a two-year period, the defendant sent numerous threatening letters to the victim, leading her to fear imminent violence.

Held: The Court of Appeal ruled that fear of violence "at some time not excluding the immediate future" was sufficient to meet the immediacy requirement for assault. The court accepted that sustained threats can contribute to the fear of imminent violence.

Key Quote: Kennedy LJ: "Fear of violence at some time not excluding the immediate future could suffice."

💡Levelup: This case expanded the scope of immediacy in assault, recognizing that ongoing threats can create a reasonable fear of imminent harm, thus fulfilling the immediacy requirement.