94. Assault by night poacher.

A person found poaching by night1 who assaults or offers any violence with an offensive weapon2 towards any person authorised to arrest him3 is liable on summary conviction to imprisonment for up to six months or a fine not exceeding level 4 on the standard scale, or both4. When an assault is committed by one of a party of poachers, a member of the party who did not take any part in the assault cannot be convicted of the assault unless there was a common purpose not merely to poach but also to use violence5.

If three or more persons

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