UNNATURAL CRIMES. To commit the crime against nature, with mankind Sodomy and or with any animal, is a felony, punishable by penal beastiality. servitude; the penal servitude may extend to life, but may not be less than ten years (e). The evidence is the same as in rape, with two exceptions: (a) It is not necessary to prove the offence to have been committed without the consent of the person upon whom it was perpetrated. (b) Both parties, if consenting, are equally guilty; but if one of the parties is a boy under the age of fourteen years, it is felony in the other only. To attempt to commit the said crime, or to make Attempt, &c. an assault with intent to commit the same, or to make any indecent assault upon a male person, is a misdemeanor, punishable by penal servitude to the extent of ten years (ƒ). ATTEMPTS TO PROCURE ABORTION. procure Three classes of persons may be guilty of crimes Attempt to under this heading. The woman herself the person abortion, who procures or supplies the drug, &c.—some other person. For a woman being with child, with intent to pro- by the woman, cure her own miscarriage, to administer to herself any poison or other noxious drug, or to use any instru ment or other means; or For any person to do the same with intent to procure by some other the miscarriage of any woman, whether she be with person. child or not, is a felony, punishable by penal servitude to the extent of life (g). For any person to procure or supply poison or other Supplying the noxious thing, or any instrument or other thing, know- means. (e) 24 & 25 Vict. c. 100, s. 61. (ƒ) Ibid. s. 62. As to obtaining money by threatening to accuse of this crime, v. p. 106. (g) Ibid. s. 58. Concealment of birth. What must be proved. ing that the same is intended to be unlawfully used with intent to procure the miscarriage of a woman, is a misdemeanor, punishable by penal servitude to the extent of five years (h). CONCEALMENT OF BIRTH. If a woman is delivered of a child, every person who by any secret disposition of the dead body of the child, whether it died before, at, or after its birth, endeavours to conceal the birth thereof, is guilty of a misdemeanor, punishable by imprisonment not exceeding two years. A person tried for and acquitted of murder may be sentenced for concealment of birth, if the facts justify that conclusion (i). The denial of the birth only is not sufficient. There must be some act of disposal of the body after the child is dead (k). In order to convict a woman of attempting to conceal the birth of her child, a dead body must be found and identified as that of the child of which she is alleged to have been delivered (7). It will be noticed. that the offence may be committed by others, and not only by the mother. Abduction. On account of the woman's fortune. ABDUCTION. We may distinguish three classes of cases : i. Of a woman on account of her fortune. Where a woman of any age has any interest (legal or equitable, present or future, absolute, conditional, or contingent) in any real or personal estate, or is a presumptive heiress or co-heiress, or presumptive next of kin to any one having such interest-(a) whosoever, from motives of lucre, takes away or detains such woman (h) 24 & 25 Vict. c. 100, s. 59. (k) R. v. Turner, 8 C. & P. 755. against her will, with intent himself, or to cause some other person, to marry her, or have carnal knowledge of her or (b) whosoever fraudulently allures, takes away, or detains such woman, being under the age of twenty-one, out of the possession or against the will of her father or mother, or other person having the lawful care or charge of her, with like intent, is guilty of a felony, punishable by penal servitude to the extent of fourteen years. The convicted person is also rendered incapable of taking any interest in her property; and if he is married to her, the property will be settled as the Chancery Division, upon an information at the suit of the Attorney-General, appoints (m). The intent to marry or have carnal knowledge need only be proved, not the carrying out of that intent. The wife is a competent witness either for or against the prisoner. ii. By force with intent to marry. intent to The same punishment attends the forcible taking By force, with away or detaining against her will a woman of any age, marry. with intent to marry or carnally know her, or cause her to be married or carnally known by any other person (n). iii. Of a girl under sixteen years of age. To unlawfully take or cause to be taken any unmarried of girl under girl under the age of sixteen out of the possession and sixteen. against the will of her father or mother, or of any other person having the lawful care or charge of her, is a misdemeanor, punishable by imprisonment not exceeding two years (o). If the girl leaves her father, &c., without any induce- Who are within ment on the part of the defendant, and then goes to him, this provision. he is not within the statute (p). Nor is he, if he did not (m) 24 & 25 Vict. c. 100, s. 53. (n) Ibid. s. 54. (0) Ibid. s. 55. (p) R. v. Olifier, 10 Cox, 402. N Child-stealing. Child-abandoning, or exposing. know, and had no reason to know, that she was under the lawful charge of the father or other person (q). Of course mere absence for a temporary purpose and with intention of returning does not interrupt the possession of the father, &c. It is no defence that the defendant did not know her to be under sixteen, or might suppose from her appearance that she was older, or even that he believed that he knew she was over that age (r). A taking by force is not necessary to constitute the offence. It is immaterial whether there be any corrupt motive, whether the girl consent, and whether the defendant be a male or female (s). CHILD-STEALING, ABANDONING, ETC. To unlawfully, either by force or fraud, lead or take away, or decoy or entice away, or detain a child under the age of fourteen years, with intent to deprive the parent, or other person having lawful care or charge, of the possession of the child, or with intent to steal any article upon or about the child; or, with any such intent, to receive or harbour any such child, knowing the same to have been so led away, &c., is a felony, punishable by penal servitude to the extent of seven years. But persons claiming any right to the possession of the child do not fall within the statute (†). To unlawfully abandon or expose any child under the age of two years in such manner that its life is endangered or its health is, or is likely to be, permanently injured, is a misdemeanor, punishable by penal servitude to the extent of five years (u). (q) R. v. Hibbert, L. R. 1 C. C. R. 184; 38 L. J. (M.C.) 61. (s) R. v. Handley, 1 F. & F. 648. (t) 24 & 25 Vict. c. 100, s. 56. (u) Ibid. s. 27; v. R. v. Falkingham, L. R. 1 C. C. R. 222; 39 L. J. (M.C.) 47, shewing how little will warrant a conviction. CHAPTER III. ASSAULTS, ETC. UNDER this head we shall consider all the remaining offences against the person. COMMON ASSAULT. An assault is an attempt or offer to commit a forcible Assault. crime against the person of another; for example, presenting a loaded gun at a person. It will be noticed that there need not be an actual touching of the person assaulted. But mere words never amount to an assault (v). crime. The unlimited character of this crime makes it a Comprehenconvenient means of punishing a variety of crimes siveness of the which do not at first sight seem to be assaults, at least not in the popular signification of the term; for example, putting a child into a bag, hanging it on some palings, and there leaving it (w). A battery is not necessarily a forcible striking with Battery. the hand or stick or the like, but includes every touching or laying hold (however trifling) of another person, or his clothes, in an angry, revengeful, rude, insolent, or hostile manner; for example, jostling another out of the way. Thus, if a man strikes at another with a cane or fist, or throws a bottle at him, if he miss, it is an assault; if he hit, it is a battery. (v) 1 Hawk. c. 62, s. 1. |