Odger's English Common Law

320 ASSAULTS.
who make the preliminary arrangements for a prize-fight and all persons
present at it who urge on and encourage the combatants are also guilty
of a misdemeanour ; but not a man who is accidentally present and merely
stops to look on. 1
So far we have dealt with assault and battery as known to
the common law. But the jurisdiction of our criminal Courts
in such matters has been largely extended by several statutes,
which have created a considerable variety of special kinds of
assaults, some of which are punishable on indictment and
others summarily by magistrates. The common law, as we
have seen, drew a sharp distinction between an assault and a
battery. But in these statutory provisions the distinction
disappears and the word " assault " takes a wider meaning so
as to include what was at common law termed a battery.
We can only deal very briefly with these statutory assaults.
1. Wounding or causing grievous bodily harm, or
shooting at any person, or by drawing a trigger or in any
other manner attempting to discharge any kind of loaded
arms at any person, with intent to maim, disfigure, disable or
do some other grievous bodily harm, is a felony punishable
with penal servitude for life. 2
To amount to " grievous
bodily harm" the injury must be such as seriously to interfere
with the health and comfort of the person injured, though it
need not involve any risk to life. After proof of such injury
the prosecution must also establish the special intent, which is
set out in the indictment. 3
If it fails to do this, the prisoner
cannot be convicted of felony; but where the indictment
alleges wounding, and the jury negative the special intent, he
can be convicted of the misdemeanour of unlawfully wound-
ing. 4 The word "maim" has a special meaning ; it denotes
any bodily harm whereby a man is deprived of the use of any
member of his body, which he can use in fighting, such as a
leg, arm, hand or eye, or by the loss of which he is permanently
weakened. 6 To " disfigure" is a wider term; many
1 M. v. Murphy (1833), 6 C. & P. 103 ; R. v. Coney (1882), 8 Q. B. D. 534.
2 24 & 25 Vict. c. 100, s. 18 ; R. v. Duokworth, [18921 2 Q. B. 83 : R- v. Linneker,
[1906] 2 E. B. 99. .
. .
8 All four intents can now be charged alternatively in the same count of the. indict-
,
ment : Indictments Act, 1915, rule 5 (1), and see indictment, No. 32, in the Appendix.
< See 14 & 15 Vict. c. 19, s. 5 ; R. v. Miller (1879), 14 Cox, 356.
6 For a man to maim himself so as to render himself unfit for military service is a
'