Odger's English Common Law

322 ASSAULTS
Shortly before the conclusion of a performance at a theatre the prisoner,
with the intention of causing terror in the minds of persons leaving the
theatre^extinguished the gaslights on a staircase which a large number of
persons would have to descend, and placed an iron bar across a doorway at
the foot of the staircase so as to obstruct the exit. On finding the lights
suddenly extinguished a large portion of the audience were seized with
panic and rushed down the staircase, where the pressure of those behind
forced those in front against the iron bar, with the result that many were
injured. It was held by the Court for Crown Cases Eeserved that the
prisoner was rightly convicted of unlawfully and maliciously wounding. 1
Where a wife, to escape from the violence of her husband, who had
threatened to take her life, got out of a window and in so doing fell and
broke her leg, it was held that the husband was properly convicted under
section 20. 2
4. An assault occasioning actual bodily harm is a mis-
demeanour punishable with penal servitude for five years. 3
Here it is unnecessary for the prosecution to prove that the
prisoner acted maliciously or with any special intent ; it is
enough that he has inflicted "actual bodily harm." This
phrase denotes a less degree of harm than " grievous bodily
harm." Any injury calculated to interfere with the health
or comfort of the person injured is actual bodily harm, though
it be only of a merely temporary character.
5. To assault any person with intent to commit felony is a
misdemeanour punishable with imprisonment for two years. 4
On an indictment for this offence the prisoner can be convicted
of a common assault.
6. It is also a misdemeanour punishable on indictment with
imprisonment for two years for any one to assault or obstruct
any of the following officers or persons
(a) a police constable in the execution of his duty
(b) a clergyman or minister when officiating, or about to
officiate, at any religious service
(c ) a magistrate or officer engaged in preserving a vessel
in distress or any goods cast up on shore from a wreck
(d) a poor law officer or any person acting in his aid. 7
1 B. v. Martin (1881), 8 Q. B. D. 54.
2 B. v. Halliday (1889), 61 L. T. 699.
s 24 & 25 Vict. c. 100, s. 47.
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6
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* lb. s. 38.
5 lb. s. 36.
« lb. s. 37.
i 13 & 14 Vict. c. 101, s. 9 ; 14 & 15 Vict. c. 105, s. 18.
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4
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6