R V Constanza
''R v Constanza'' [1997] is an English law, English case law, case reaching the Court of Appeal of England and Wales, Court of Appeal 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 Mr 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 telepho ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Criminal Appeal Reports
The Criminal Appeal Reports are a series of law reports of decisions of the Court of Criminal Appeal (England and Wales), Court of Criminal Appeal, the criminal division of the Court of Appeal of England and Wales, Court of Appeal and the House of Lords from 15 May 1908 onwards. They are published by Sweet & Maxwell. Publication began in 1909 and have been edited by Daniel Janner since 1994. As of 2008, they were published ten times per year. For the purpose of case citation, citation, their name may be abbreviated to "Cr App R", or to "CAR". Glanville Williams criticised the layout of the index in each volume of these reports. Volume 1 contains, in addition to the reports, a copy of the Criminal Appeal Act 1907, sections 9(5) and (6) of the Costs in Criminal Cases Act 1908, the Criminal Appeal (Amendment) Act 1908, section 11 of the Prevention of Crime Act 1908 and section 99(6) of the Children Act 1908 (8 Edw. 7. c. 67).Herman Cohen (Editor). The Criminal Appeal Reports with s ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Assault Occasioning Actual Bodily Harm
Assault occasioning actual bodily harm (often abbreviated to Assault OABH, AOABH or simply ABH) is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands. It has been abolished in Ireland and South Australia, but replaced with a similar offence. Australia Anything interfering with the health or comfort of victim which is more than merely transient or trifling has been held by Australian courts to be "actual bodily harm". Australian Capital Territory The offence is created by section 24(1) of the Crimes Act 1900. New South Wales The offence is created by section 59(1) of the Crimes Act 1900 (a different statute of the same name). South Australia Assault occasioning actual bodily harm was formerly an offence under section 40 of the Criminal Law Consolidation Act 1935, but has been abolished and replaced with a similar offence (see below). Hong Kong The offen ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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English Criminal Case Law
English usually refers to: * English language * English people English may also refer to: Culture, language and peoples * ''English'', an adjective for something of, from, or related to England * ''English'', an Amish term for non-Amish, regardless of ethnicity * English studies, the study of English language and literature Media * ''English'' (2013 film), a Malayalam-language film * ''English'' (novel), a Chinese book by Wang Gang ** ''English'' (2018 film), a Chinese adaptation * ''The English'' (TV series), a 2022 Western-genre miniseries * ''English'' (play), a 2022 play by Sanaz Toossi People and fictional characters * English (surname), a list of people and fictional characters * English Fisher (1928–2011), American boxing coach * English Gardner (born 1992), American track and field sprinter * English McConnell (1882–1928), Irish footballer * Aiden English, a ring name of Matthew Rehwoldt (born 1987), American former professional wrestle ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Protection From Harassment Act 1997
The Protection from Harassment Act 1997 (c. 40) is an act of the Parliament of the United Kingdom. On introducing the Bill's second reading in the House of Lords, the Lord Chancellor, Lord Mackay of Clashfern, said, "The aim of this Bill is to protect the victims of harassment. It will protect all such victims whatever the source of the harassment—so-called stalking behaviour, racial harassment, or anti-social behaviour by neighbours." Home Office guidance on the Act says "The legislation was always intended to tackle stalking, but the offences were drafted to tackle any form of persistent conduct which causes another person alarm or distress." Infield and Platford described the Act as " controversial".Infield, Paul; Platford, Graham. The Law of Harassment and Stalking. Butterworths. London, Edinburgh, Dublin. 2000. p. x. Provisions Section 1 This section prohibits a person from pursuing "a course of conduct" which "amounts to harassment of another" and which "he knows or ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Jury
A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Most trial juries are "petit juries", and consist of up to 15 people. A larger jury known as a grand jury has been used to investigate potential crimes and render indictments against suspects, and consists of between 16 and 23 jurors. The jury system developed in England during the Middle Ages and is a hallmark of the English common law system. Juries are commonly used in countries whose legal systems derive from the British Empire, such as the United Kingdom, the United States, Canada, Australia, and Republic of Ireland, Ireland. They are not used in most other countries, whose legal systems are based upon European Civil law (legal system), civil law or Islamic sharia, sharia law, although their use has been spreading. ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Anxiety
Anxiety is an emotion characterised by an unpleasant state of inner wikt:turmoil, turmoil and includes feelings of dread over Anticipation, anticipated events. Anxiety is different from fear in that fear is defined as the emotional response to a present threat, whereas anxiety is the anticipation of a future one. It is often accompanied by nervous behavior such as pacing back and forth, Somatic anxiety, somatic complaints, and Rumination (psychology), rumination. Anxiety is a feeling of uneasiness and worry, usually generalized and unfocused as an overreaction to a situation that is only subjectively seen as menacing. It is often accompanied by muscular tension, restlessness, Fatigue (medical), fatigue, inability to catch one's breath, tightness in the abdominal region, nausea, and problems in concentration. Anxiety is closely related to fear, which is a response to a real or perceived immediate threat (fight-or-flight response); anxiety involves the expectation of a future t ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Clinical Depression
Major depressive disorder (MDD), also known as clinical depression, is a mental disorder characterized by at least two weeks of pervasive low mood, low self-esteem, and loss of interest or pleasure in normally enjoyable activities. Introduced by a group of US clinicians in the mid-1970s, the term was adopted by the American Psychiatric Association for this symptom cluster under mood disorders in the 1980 version of the ''Diagnostic and Statistical Manual of Mental Disorders'' (DSM-III), and has become widely used since. The disorder causes the second-most years lived with disability, after lower back pain. The diagnosis of major depressive disorder is based on the person's reported experiences, behavior reported by family or friends, and a mental status examination. There is no laboratory test for the disorder, but testing may be done to rule out physical conditions that can cause similar symptoms. The most common time of onset is in a person's 20s, with females affe ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Offences Against The Person Act 1861
The Offences against the Person Act 1861 ( 24 & 25 Vict. c. 100) is an act of the Parliament of the United Kingdom that consolidated provisions related to offences against the person (an expression which, in particular, includes offences of violence) from a number of earlier statutes into a single act. For the most part these provisions were, according to the draftsman of the act, incorporated with little or no variation in their phraseology. It is one of a group of acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828 ( 9 Geo. 4. c. 31) (and the equivalent Irish Act), incorporating subsequent statutes. Although it has been substantially amended, it continues to be the foundation for prosecuting personal injury, short of murder, in the courts of England and Wales. The act was also adopted in B ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Assault
In the terminology of law, an assault is the act of causing physical harm or consent, unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery (crime), battery, which is the deliberate use of physical Force (law), force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death. Generally, the common law definitio ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Konrad Schiemann
Sir Konrad Hermann Theodor Schiemann, PC (born 15 September 1937) is a former German-British barrister and judge. He served on the Court of Appeal, and he was also a member of the Court of Justice of the European Union. Schiemann was born in Berlin in 1937 to Helmut Schiemann and Beate von Simson. His father was killed during the Second World War, but he and his mother escaped to Munich. After his mother died, he emigrated to England to live with an uncle in 1946. He was educated at King Edward's School, Birmingham, Freiburg University, and Pembroke College, Cambridge Pembroke College is a constituent college of the University of Cambridge, England. The college is the third-oldest college of the university and has over 700 students and fellows. It is one of the university's larger colleges, with buildings from .... In 1965, he married Elisabeth Hanna Eleonore Holroyd-Reece, daughter of publisher John Holroyd-Reece. Judgments in Court of Justice of the European Union, the Euro ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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English Criminal Law
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act (or ''actus reus'') and a guilty mental state (or ''mens rea''). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to ro ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |