(3) That the wound was dangerous to life, and without operation would most probably have proved fatal. 3. Malum regimen (_a_) On the part of the Person Injured.--If the wound is not in itself sufficient to cause death, but by negligence in the care of it by the injured person, complications arise which cause death, then the punishment would probably be mitigated; but in law a person accused of criminally injuring another is held responsible for the immediate and remote results. “No man is authorised to place another in such a predicament as to make the preservation of his life depend merely on his own prudence.” If, however, it can be proved that death was largely due to the imprudence or recklessness of the deceased, it is probable that this would lessen the punishment. (_b_) On the part of the Doctor.--A person accused of criminally injuring another being held responsible for the results immediate and remote, may plead that the latter, _i.e._ complications, or the death itself are not due to the injury directly, and endeavour to throw the responsibility on someone else, either the injured person through negligence, or on the doctor for unskilful treatment. In reference to the complications, the medical witness may be asked for his opinion as to the cause and effect of the complication, and how it might have been avoided. Having considered all the facts laid before him and made his deductions, he must give his opinion fairly, and leave it to the Court to decide in what way his opinion may influence its judgment and the amount of punishment for the offence. When there is an allegation that the treatment has been unskilful or negligent, and contributory to complications and death, and a defence raised accordingly, the prisoner has to prove this to the satisfaction of the Court in order to mitigate the offence and punishment. The medical man is expected to have exercised reasonable skill. If the person treating the injury is a registered medical practitioner, and has applied his treatment in good faith and for cure, even if the treatment were improper, the assailant would be held responsible. The care which the medical man ought to exercise is that which everyone ought to exercise who has received the statutory education and passed the statutory examinations. THE SEVERAL KINDS OF WOUNDS (1) Incised; (2) Punctured; (3) Lacerated and Contused; and (4) Gunshot. 1. Incised Wounds Made by sharp instruments.