proceedings. Common assaults are usually disposed of by the Summary magistrates assembled at petty sessions. The limit of punishment in ordinary cases of such summary conviction is a fine of £5 or imprisonment not exceeding two months; but in some more serious cases of assault upon females or boys whose age does not exceed fourteen years, the limits are £20 and six months (g). When a husband is convicted summarily or other- Judicial wise of an aggravated assault upon his wife, the court separation. or magistrate, if satisfied that the future safety of the wife is in peril, has power to make an order having the effect of a judicial separation; and may also order the husband to pay a weekly sum for the support of the wife, and to give the custody of children under the age of ten years to the wife. The orders for alimentary payments and for custody of the children are revocable. in case of adultery of the wife. And all orders under these powers are subject to appeal to the Probate and Admiralty Division of the High Court of Justice (h). The magistrates have not power to hear and determine any assault involving a question of title to lands, tenements, or hereditaments, or any interest therein or accruing therefrom, or as to any bankruptcy or insolvency, or any execution under the process of any court of justice. And if the assault is accompanied by an attempt to commit a felony, or, in the opinion of the magistrates, is a fit subject for prosecution by indictment, they may abstain from any adjudication, and leave the case to be prosecuted by indictment (i). As to the evidence on the part of the accused, it Defence. may be stated generally that the same facts which would reduce a homicide to misadventure are a good (g) 24 & 25 Vict. c. 100, ss. 42, 43. (h) 41 & 42 Vict. c. 19. (2) 24 & 25 Vict. c. 100, s. 46. defence upon an indictment for a battery (j). Other defences are, that it was committed merely in selfdefence, or in the proper administration of moderate correction, or in the execution of public justice, or in some lawful game. Inasmuch as it would not be right that the defendant should be punished twice for the same offence, it is a good defence that the matter has been disposed of by two justices: provided that if the defendant has been convicted he has paid the penalty and suffered the imprisonment awarded; if dismissed, it does not matter whether it was on the ground of justification, the trifling character of the offence, or because it was not proved (k). So much for common assaults; we have now to deal with those of an aggravated character. Actual bodily harm. ACTUAL AND GRIEVOUS BODILY HARM. If the assault occasions actual bodily harm the punishment is penal servitude to the extent of five years (7) for the misdemeanor. Actual bodily harm would include any hurt or injury calculated to interfere with the health or comfort of the prosecutor; it need not be an injury of a permanent character (m). Nor is it necessary that there should be an intention to injure particular persons. Thus, where the prisoner shortly before the conclusion of a performance at a theatre, with the intention and with the result of causing terror in the minds of persons leaving the theatre, put out the gas lights on a staircase which a large number of such persons had to descend in order to leave the theatre, and also placed an iron bar across a doorway through which they had in leaving to pass, and thereupon a panic seized a large portion of the audience, and they rushed in fright down the staircase, forcing those in front across the iron bar, and thus several of the audience were thrown down or otherwise severely injured, it was held that the prisoner was rightly convicted of unlawfully and maliciously inflicting grievous bodily harm (n). Unlawfully and maliciously wounding or inflicting Wounding and grievous bodily any grievous bodily harm upon any other person, with harm. or without any weapon or instrument, is a misdemeanor, punishable by penal servitude to the extent of five years (0). If any person (a) wound, (b) cause grievous bodily harm, (c) shoot at, or (d) attempt to shoot at any other person, with intent to (a) maim, (b) disfigure, or (c) disable any person, or (d) to do some other grievous bodily harm to him, or (e) to resist or prevent the lawful apprehension of any one, he is guilty of a felony, punishable by penal servitude to the extent of life (p). To constitute a wounding, the continuity of the skin Wound. must be broken. The nature of the instrument is immaterial, whether it be a stab by a knife, a kick, or a gunshot wound, &c. (q). To maim is to injure any part of a man's body, Maim. which may render him less capable of fighting. injury is termed mayhem. The disable. The term "disfigure" explains itself. To disable, Disfigure, refers to the causing of a permanent, and not merely a temporary disablement (r). The grievous bodily harm need not be either per (n) R. v. Martin, L. R. 8 Q. B. D. 54; 51 L. J. (M.C.) 36; 45 L. T. N. S. 444; 30 W. R. 106. (0) 24 & 25 Vict. c. 100, s. 20. (p) Ibid. s. 18. (9) R. v. Wood, 1 Mood. C. C. 278; R. v. Briggs, ibid. 318. (r) R. v. Boyce, 1 Mood. C. C. 29. The intent. manent or dangerous, so long as it seriously interferes with health or comfort (s). The intent can of course only be proved by presumptive evidence gathered from the facts of the case. The intent need not be to maim, &c., the particular person who is injured; thus, if a person intending to inflict grievous bodily harm on A., wounds B., he is guilty of wounding with intent, &c. (t). Assault with felonious intent. Attempt to choke, &c., with intent, &c. To drug, &c., with intent, &c. ASSAULT WITH INTENT TO COMMIT A FELONY. This crime is a misdemeanor, punishable with imprisonment not exceeding two years. If the intent cannot be proved, the defendant may be convicted of a common assault (u). ATTEMPT TO CHOKE, ETC., WITH INTENT, ETC. Whosoever attempts to choke, suffocate, or strangle any other person, or by any means calculated to choke, &c., renders any other person insensible, unconscious, or incapable of resistance, with intent to enable himself or any other person to commit, or assist in committing, any indictable offence, is guilty of felony, and punishable with penal servitude to the extent of life, with or without whipping in addition (v). With like intent, to apply, or administer, or cause to be taken, or to attempt to administer, &c., or to attempt to cause to be administered, &c., any chloroform, laudanum, or other stupefying or overpowering drug, matter, or thing, is a felony, punishable in the same way, with the exception of the whipping (w). (8) v. R. v. Ashman, 1 F. & F. 88. ADMINISTERING POISON, ETC. To administer, &c., any poison, or other destructive Administering poison, &c. or noxious thing, so as thereby to endanger life or to inflict grievous bodily harm, is a felony, punishable by penal servitude to the extent of ten years (x). If the administering, though it does not so endanger life or inflict harm, is with intent to injure, aggrieve, or annoy the person, the offence is a misdemeanor, punishable by penal servitude to the extent of five years (y). A person indicted for the first offence may be found guilty of the second (2). EXPLOSIVE OR CORROSIVE SUBSTANCES. other destruc By explosion of gunpowder or other explosive sub- Injuring by explosive, stance, to burn, maim, disfigure, disable, or do any corrosive, or grievous bodily harm to any person, is a felony, punish- tive subable by penal servitude to the extent of life (a). The stances. same punishment is awarded for causing any gunpowder, or other explosive substance, to explode, or sending or delivering to, or causing to be taken or received by, any person, any explosive or other dangerous or noxious thing, or putting or laying at any place, or throwing at or upon, or otherwise applying to any person any corrosive fluid or any destructive or explosive substance, with intent to burn, maim, disfigure, or disable, or do any grievous bodily harm to any person, and this whether any bodily injury be effected or not (b). If the gunpowder or other explosive substance is placed in, thrown in, into, upon, against, or near any building, ship, or vessel, with intent to do any bodily injury to any person, whether such purpose be effected or not, the offender is guilty of a felony, |