R V Constanza
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R V Constanza
''R. v. Constanza'' 997is an English case reaching the 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 telephone calls and writing on her door, and which was described as s ...
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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, the criminal division of the 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 each year. For the purpose of 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.Herman Cohen (Editor). The Criminal Appeal Reports with subject index, tables of cases and statutes cited, and the Criminal Appeal Act, 1907, and amending and exte ...
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1997 In British Law
File:1997 Events Collage.png, From left, clockwise: The movie set of ''Titanic'', the highest-grossing movie in history at the time; ''Harry Potter and the Philosopher's Stone'', is published; Comet Hale-Bopp passes by Earth and becomes one of the most observed comets of the 20th century; Golden Bauhinia Square, where sovereignty of Hong Kong is handed over from the United Kingdom to the People's Republic of China; the 1997 Central European flood kills 114 people in the Czech Republic, Poland, and Germany; Korean Air Flight 801 crashes during heavy rain on Guam, killing 229; Mars Pathfinder and Sojourner land on Mars; flowers left outside Kensington Palace following the death of Diana, Princess of Wales, in a car crash in Paris., 300x300px, thumb rect 0 0 200 200 Titanic (1997 film) rect 200 0 400 200 Harry Potter rect 400 0 600 200 Comet Hale-Bopp rect 0 200 300 400 Death of Diana, Princess of Wales rect 300 200 600 400 Handover of Hong Kong rect 0 400 200 600 Mars Pathfinder re ...
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English Criminal Case Law
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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 oug ...
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Jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European Civil law (legal system), civil law or Islamic sharia, sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia hav ...
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Anxiety
Anxiety is an emotion which is characterized by an unpleasant state of inner turmoil and includes feelings of dread over anticipated events. Anxiety is different than fear in that the former is defined as the anticipation of a future threat whereas the latter is defined as the emotional response to a real threat. It is often accompanied by nervous behavior such as pacing back and forth, somatic complaints, and 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, 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 future threat including dread. People facing anxiety may withdraw fro ...
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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 diagnosis of major depressive disorder is based on the person's reported experiences, behavior reported by relatives 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 affected about twice as often as males. The course of the disorder varies widely, from one epis ...
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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 the Republic of Ireland and in 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). H ...
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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. 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 European Court of Human Rights and the English and Welsh Court of Appeal *C338/04 - Placanica - Articles 43 EC and 49 EC precludes national legislation, which imposes a criminal penalty on persons for pursuing the organised activity of collecting bets without ...
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Assault
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Generally, the common law definition is the same in criminal and tort law. Traditionally, common law legal systems have separate definitions for assault and battery. When this distinction is observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery. Some jurisdictions combined the two offences into a single crime called "assault and battery", which then became widely referred to as "assault". The result is that in many of these jurisdictions, assault has taken on a definition that is more in line with the traditional definition of battery. The legal systems of civil law and Scots law have never distinguished assault from batte ...
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