Mutiny.

713

INCITING TO CRIME.

To murder] See P. P. Shephard, 1919.

In so far as the inciter is an accessory, see Aiders, &c., and Gregory. 1867, thereunder. The gist of the offence is that the person incited has not committed the crime': 1 Russ. Cri. 203. Thus, to solicit a servant to steal his master's goods is a misdemeanour and as tending to a breach of the peace, is triable at quarter sessions, though it be not charged in the indictment that the servant stole the goods, nor that any other act was done except the soliciting and inciting. 'Higgins, 2 East 5, 1801, where it was even suggested that in certain cases incitement to commit a felony may be a felony. All offences of a public nature, that is, all such acts or attempts as tend to the prejudice of the community are indictable,' ib. 21. So an endeavour to provoke another to send a challenge to fight (especially by sending an insulting letter) has been held to be a misdemeanour. Philipps, 6 East 464, 1808; see Challenging. So to 'incite or even solicit another person to commit a felony or to do any act with intent to induce another person to commit' a felony is a misdemeanour. Ransford, 13 Cox C. C. 9, 1874: C. O. R., where the recipient of a letter inciting to sodomy had not even read it: 'On which,' it is observed, "every person who solicits or attempts to solicit a person to sodomy is guilty of a misdemeanour at common law': 9 Halsbury 541: triable at Q. S. For statute, see Sodomy, and Allen, 1848, ib. Williams, 1844, was clearly an incitement indictable at common law; see Higgins, 1801. For traps' by officials, &c., see under Accomplices and Bannen. Defendant, who was editor of a London newspaper written in German, was convicted of publishing an article intending, by approving the recent assassination of the Czar of Russia, to encourage, &c. persons to commit murder, and it was held that the conviction under 24-5 V. 100, 4, and for libel was right although the encouragement was not addressed to any person in particular. Most, 7 Q. B. D. 244; 50 L. J. M. C. 113; 14 Cox C. C. 583, 1881: C. C. R. Antonelli, 70 J. P. 4, 1905, followed Most, where it was held that the sovereigns and rulers of Europe' were a sufficiently definite class to support the indictment. Defendant indicted for soliciting and inciting a servant to conspire with him to cheat and defraud his master was rightly convicted where it was proved that he had offered a bribe to the servant to sell the master's goods at less than their proper value. De Kromme, 17 Cox C. C. 492; 56 J. P. 682; 66 L. T. 301, 1892: C. C. R. L. Coleridge C.J. compared the point to that in Kenrick, 1843.

All Challenges (which see) are incitements: 1 Russ. Cri. 440.

Mutiny] See that title.

37 G. 3, 70, 1, is: Any person who shall maliciously and advisedly endeavour to seduce any person or persons serving in his Majesty's forces, by sea or land, from his or their duty and allegiance to his Majesty, or to incite or stir up any such person or persons, to commit

any act of mutiny, or to make, or endeavour to make, any mutinor assembly, or to commit any traiterous or mutinous practise what soever, shall, on being legally convicted of such offence, be adjudge. guilty of felony. Not triable at Q. S.

The indictment need not specify any particular soldier, &c. tampered with. Bowman, 22 Cox C. C. 729; 76 J. P. 721, 1912, where an open' letter was published in a paper: the jury must consider whether such a publication is addressed to soldiers.

By s. 2: Any offence committed against this Act, whether committed on the high seas or within that part of Great Britain called England, shall and may be prosecuted and tried before any court of oyer and terminer, or gaol delivery for any county in that part of Great Britain called England, in such manner and form as if the said offence had been therein committed.'

By s. 1 of 7 W. 4 & 1 V. 91, which recites 37 G. 3, 70, and other statutes: 'If any person shall, after the commencement of this Act, be convicted of any of the offences hereinbefore mentioned, such person shall not suffer death, or have sentence of death awarded against him or her for the same, but shall be liable... to be transported beyond the seas for the term of the natural life of such person.

Nevertheless, by 29-30 V. 109, Naval Discipline A., 12: 'Every person subject to this Act [see Mutiny] who shall endeavour to seduce any other person subject to this Act from his duty or allegiance to her Majesty or endeavour to incite him to commit any act of mutiny shall suffer death or such other punishment as is hereinafter mentioned.* By s. 13, every person not otherwise subject to this Act,' i.e. civilians, so offending are liable as in s. 12. By s. 14, persons subject to the Act who lead or incite any other person to join in any mutinous assembly' are liable as in s. 12. The corresponding enactment for the army is 44-5 V. 58, 7.

Trading with the enemy] Where there was no evidence of intention to obtain a licence within 4-5 G. 5, 87, a conviction for 'inciting' to transgress that A. by business proposals was upheld: Spencer, 84 L. J. K. B. 145; 112 L. T. 479; 11 Cr. A. R. 30, 1914.

Official Secrets A. 1911] By s. 4, incitement, &c. to commit an offence against this A. is a felony or a misdemeanour according as that offence is and is liable to the same punishment.

Inciting to a breach of the peace] is not, apparently, indictable, but it is not an essential element of that offence that any individual should be put in fear: Lansbury v. Riley, 1914, 3 K. B. 229; 23 Cox C. C. 582: K. B. D.

Perjury] See 1-2 G. 5, 6, 7, and Subornation.

Post Office offences] See that title.

Incorrigible Rogues.

715

INCORRIGIBLE ROGUES.

Though not triable on indictment, these cases are appealable by s. 20 (2) of Criminal Appeal A. in respect of sentence (not conviction): W. J. Brown, 1 Cr. A. R. 85; 72 J. P. 427, 1908. Defendants cannot claim a jury: T. Evans, 24 Cox C. C. 138; 83 L. J. K. B. 905; 10 Cr. A. R. 53, 1914. In addition to the imprisonment before sentence, Q. S. may impose a year's imp. w. h. l.

Vagrancy Acts, 1824 and 1898] 5 G. 4, 83, 5, 10; 61-2 V. 39, 1 (1), (3).

Whipping may be inflicted on a male. This seems to be an unique instance of one court convicting and another sentencing. The following cases have been decided by the C. C. A.

It is a condition precedent of conviction by Q. S. that the previous conviction as a rogue and vagabond' should be expressly recorded; that as an idle and disorderly person' is insufficient: W. Johnson, 1909, 1 K. B. 439; 78 L. J. K. B. 290; 73 J. P. 135; 25 T. L. R. 229; 2 Cr. A. R. 13. Nor can Q. S. convict of being incorrigible' though there are two qualifying convictions: T. Evans, 1915. Two offences within the 1898 A. or one within that and one within the 1824 A. justify_conviction as an 'incorrigible': Herion, 1913, 1 K. B. 284; 82 L. J. K. B. 82; 77 J. P. 96; 23 Cox C. C. 387; 29 T. L. R. 93; 8 Cr. A. R. 99.

Alternative procedure under Cr. L. Am. A. 1912] See Living on Immoral Earnings.

See also under Prison-Breach.

Sentence] See E. Edwards, 1909, and (the same defendant alias) J. O'Brien, 2 Cr. A. R. 193, 1909. In G. Lewis, 4 Cr. A. R. 52, 1910, the maximum term was approved for begging, but in W. Cooper, 1910, for the same offence, it was reduced to half. The flogging was remitted in O. Fidler (not supporting wife, &c.). The detention before sentence, being with hard labour, must be taken into account. Gillon.

Costs By 8 E. 7, 15, 9 (4), that A. applies as if the offence were indictable.

INDECENCY.

See that title, Sodomy, and under Nuisance.

INDECENT ASSAULT.

See under Assault.

INDECENT PUBLICATION.

See Obscene, &c.

INDIA, OFFENCES IN.

Jurisdiction] By s. 127 (1) of 5-6 G. 5, 61 (Government of India A. 1915): If any person holding office under the Crown in India commits any offence under this Act, or any offence against any person within his jurisdiction or subject to his authority, the offence may, without prejudice to any other jurisdiction, be inquired of, heard, tried and determined before His Majesty's High Court of Justice and be dealt with as if committed in the county of Middlesex.

(2) Every British subject shall be amenable to all courts of justice in the United Kingdom of competent jurisdiction to try offences committed in India for any offence committed within India and outside British India as if the offence had been committed within British India.' By s. 129, in addition to any other punishment, the offender may be adjudged to be incapable of serving the Crown in India in any office, civil or military.'

Misdemeanours] The offences in question by any one holding office under the Crown in India are enumerated in s. 124, viz.: (1) oppression of any British subject; (2) wilful disobedience to the orders of the Secretary of State; (3) breach of trust or duty of his office; (4) trading by certain high officials; (5) 'if he demands, accepts or receives by himself or another in the discharge of his office, any gift, gratuity or reward, pecuniary or otherwise, or any promise of the same, except in accordance with such rules as may be made by the Secretary of State as to the receipt of presents and except in the case of fees paid or payable to barristers, physicians, surgeons and chaplains in the way of their respective professions' and if he is convicted of having demanded, accepted or received any such gift, gratuity

or reward, the same or the full value thereof shall be forfeited to the Crown, and the court may order that the gift, gratuity or reward, or any part thereof, be restored to the person who gave it, or be given to the prosecutor or informer, and that the whole or any part of any fine imposed on the offender be paid or given to the prosecutor or informer, as the court may direct.'

By s. 126 (1), another misdemeanour is carrying on 'mediately or immediately any illicit correspondence dangerous to the peace or safety of any part of British India, with any prince, chief, landholder or other person having authority in England, or with the commander, governor or president of any foreign European settlement in India, or any correspondence contrary to the rules and orders of the Secretary of State or of the Governor-General in Council or a Governor in Council.'

For procedure in England, see under Depositions.

By s. 125, if any European British subject lends money or any valuable thing directly or indirectly to any prince or chief he commits a misdemeanour within the A.

The same jurisdiction and procedure are provided by 42 G. 3, 85.

INFANTS, OFFENCES AGAINST AND BY.

See Index.

INFECTIOUS DISEASE, NUISANCE FROM.
See Nuisance.

INJURY, CRIMINAL.

See Malicious Injury.

INTIMIDATION.

See under Conspiracies in Restraint of Trade and in Index.

INVITING INFANTS TO BET OR TO BORROW.
See Betting and Borrowing Money.