unlawfully, etc., kick, strike, wound and do grievous bodily harm to W., with intent, etc., to maim; the second charged an assault, as in first, with intent to disfigure; the third charged intent to disable; the fourth charged the intent to do some grievous bodily harm. The prisoner was found guilty of a common assault. Held, that L. was rightly convicted, s. 51 of the Act, 32 & 33 V. c. 20, authorizing such conviction: R. v. Lackey, 1 P. & B. (N. B.) 194.

An indictment for doing grievous bodily harm, which alleged that the prisoner did "feloniously" stab, cut and wound, etc., instead of alleging, in the terms of the 17th section of 32 & 33 V. c. 20, that he did "unlawfully" and "maliciously" stab, etc., is good: a defective indictment is amendable under 32 & 33 V. c. 29, s. 32, and any objection to it for any defect apparent on the face thereof must be taken by demurrer or motion to quash the indictment before the defendant has pleaded and not afterwards: R. v. Flynn, 2 P & B. (N. B.) 321.

UNLAWFUL WOUNDING.

242. Every one is guilty of an indictable offence and liable to three years' imprisonment who unlawfully wounds or inflicts any grievous bodily harm upon any other person, either with or without any weapon or instrument. R. S. C. c. 162, s. 14 (Amended). 24-25 V. c. 100, s. 20 (Imp.).

The repealed clause contained the words "aud maliciously." Fine, s. 958.

Indictment for unlawfully wounding.

one J. N

unlawfully did wound (wound or inflict any grievous bodily
harm upon).
(Add a count charging that the defendant

"did inflict grievous bodily harm upon J. N.")—

The act must have been done maliciously. Malice would in most cases be presumed: 3 Burn, 754; R. v. Martin, 14 Cox, 683, 8 Q. B. D. 54.

See remarks under preceding section and R. v. Martin, 8 Q. B. D. 54.

But general malice alone constitutes the offence. Malice against the person wounded is not a necessary in

gredient of the offence. So if any one, intending to wound A., accidentally wounds B., he is guilty of an offence under this clause: R. v. Latimer, 16 Cox, 70, 17 Q. B. D. 359.

Upon an indictment for assaulting, beating, wounding and inflicting grievous bodily harm, the prisoner may be convicted of a common assault: R. v. Oliver, Bell, 287.

Upon an indictment charging that the prisoner "unlawfully and maliciously did assault one H. R., and did then and there unlawfully and maliciously kick and wound him, the said H. R., and thereby then and there did unlawfully and maliciously inflict upon the said H. R. grievous bodily harm, against" the jury may return a verdict of guilty of a common assault merely: R. v. Yeadon, L. & C. 81.

In R. v. Taylor, 11 Cox, 261, the indictment was as follows:- "That Taylor on maliciously did wound one Thomas

unlawfully and and the jurors

that the said Taylor did unlawfully and maliciously inflict grievous bodily harm upon the said Thomas."

Upon this indictment the jury returned a verdict of common assault, and upon a case reserved the conviction was affirmed.

In R. v. Canwell, 11 Cox, 263, a verdict of common assault was also given upon an indictment containing only one count for maliciously and unlawfully inflicting grievous bodily harm, and the conviction was affirmed upon a case reserved.

The defendant may be found guilty of the attempt to commit the offence charged, s. 711.

To cause any one by threats of violence to do an act, under the impulsion of fright, by which he is grievously injured is a criminal offence under this section: R. v. Halliday, 6 Times, L. R. 109.

A man does not inflict grievous bodily harm on his wife within the meaning of this section by communicating to

239 her a venereal disease: R. v. Clarence, 16 Cox, 511, 22 Q. B. D. 23, Warb. Lead. Cas. 130; see Hegarty v. Shine, 14 Cox, 124. A previous conviction for an assault bars an indictment for unlawful wounding based on the same. facts: R. v. Miles, 17 Cox, 9.

SHOOTING AT HER MAJESTY'S VESSELS-WOUNDING AN OFFICER ON DUTY. 243. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who wilfully

(a) Shoots at any vessel belonging to Her Majesty or in the service of Canada; or

(b) Maims or wounds any public officer engaged in the execution of his duty or any person acting in aid of such officer. R. S. C. c. 32, s. 213; c. 34, s. 99 (Amended).

"Public officer" defined, s. 3. The punishment is altered. The repealed enactments applied only to customs or inland revenue officers.

CHOKING OR DRUGGING WITH INTENT.

244. Every one is guilty of an indictable offence and liable to imprisonment for life and to be whipped, who with intent thereby to enable himself or any other person to commit, or with intent thereby to assist any other person in committing any indictable offence

(a) By any means whatsoever, attempts to choke, suffocate or strangle any other person, or by any means calculated to choke, suffocate or strangle, attempts to render any other person insensible, unconscious or incapable of resistance; or

(6) Unlawfully applies or administers to, or causes to be taken by, or attempts to apply or administer to, or attempts or causes to be administered to or taken by, any person, any chloroform, laudanum or other stupefying or overpowering drug, matter or thing. R. S. C. c. 162, ss. 15 & 16 (Amended). 24-25 V. c. 100, ss. 21, 22. 26-27 V. c. 44 (Imp.).

unlawfully

Indictment for attempting to choke.did attempt by then (state the means), to choke, suffocate and strangle one J. N. (suffocate or strangle any person, or

), with intent thereby then to enable him, the said A. B., the monies, goods, and chattels of the said J. N., from the person of the said J. N., unlawfully to steal. (Add counts varying the statement of the overt acts, and of the intent.)

This clause is new, and is directed against those attempts at robbery which have been accompanied by violence to the throat: Greaves, Cons. Acts, 54.

In certain cases a verdict of common assault may given upon an indictment for this offence, s. 713.

Indictment for attempting to drug.

be

unlawfully )

did apply and administer to one J. N. (or cause certain chloroform with intent thereby (intent as in the last precedent).

If it be not certain that it was chloroform, or laudanum, that was administered, add a count or counts stating it to be "a certain stupefying and overpowering drug and matter to the jurors aforesaid unknown." Add also counts varying the intent if necessary.

As to what constitutes an "administering, or attempting to administer ": see remarks under s. 232, ante.

ADMINISTERING POISON SO AS TO ENDANGER LIFE.

245. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who unlawfully administers to, or causes to be administered to or taken by any other person, any poison or other destructive or noxious thing, so as thereby to endanger the life of such person, or so as thereby to inflict upon such person any grievous bodily harm, R. S. C. c. 162, s. 17; 24-25 V. c. 100, s. 23 (Imp.).

The words "and maliciously" were in the repealed section after "unlawfully ": see remarks under next section, and under ss. 241 and 242, ante.

ADMINISTERING POISON WITH INTENT TO INJURE.

246. Every one is guilty of an indictable offence and liable to three years' imprisonment who unlawfully administers to, or causes to be administered to or taken by, any other person any poison or other destructive or noxious thing, with intent to injure, aggrieve or annoy such person. R. S. C. c. 162, s. 18. 24-25 V. c. 100, s. 24 (Imp.).

The words "and maliciously" were in the repealed section after "unlawfully."

Fine, s. 958.

Under an indictment under s. 245 the jury may find the prisoner guilty of the offence provided for in s. 246. Indictment under s. 245 for administering poison so as to endanger life.

J. N. (or cause

unlawfully did administer to one ), a large quantity, to wit, two

drachms of a certain deadly poison called white arsenic, and thereby then did endanger the life of the said J. N.

Add a count stating that the defendant "did cause to be taken by J. N. a large quantity of " and if the kind of poison be doubtful, add counts describing it in different ways, and also stating it to be "a certain destructive thing, (or a certain noxious thing) to the jurors aforesaid unknown." There should be also a set of counts stating that the defendant thereby "inflicted upon J. N. grievous bodily harm."

Administering cantharides to a woman with intent to excite her sexual passion, in order to obtain connexion with her, is an administering with intent to injure, aggrieve or annoy, within the meaning of s. 246: R. v. Wilkins, L. & C. 89.

If the poison is administered merely with intent to injure, aggrieve or annoy, which in itself would merely amount to an offence under s. 246, yet if it does, in fact, inflict grievous bodily harm, this amounts to an offence under s. 245 Tulley v. Corrie, 10 Cox, 640.

But to constitute this offence the thing administered must be noxious in itself, and not only when taken in excess: R. v. Hennah, 13 Cox, 547.

'An intent to injure, in strictness, means more than an intent to do harm. It connotes an intent to do wrongful harm" per Bowen, L.J., Mogul Co. v. McGregor, 23; Q. B. D. 598.

CAUSING BODILY INJURIES BY EXPLOSIVES.

247. Every one is guilty of an indictable offence and liable to imprisonment for life who unlawfully and by the explosion of any explosive substance burns, maims, disfigures, disables or does any grievous bodily harm to any person. R. S. C. c. 162, s. 21. 24-25 V. c. 100, s. 28 (Imp.).

The words" and maliciously" were in the repealed section after "unlawfully."

See remarks under next section.

248. Every one is guilty of an indictable offence and liable, in case (a) to imprisonment for life and in case (b) to fourteen years' imprisonment, who unlawfully

CRIM. LAW-16