12 -
"it is undesirable that any sentence of corporal punishment should be imposed until a judge or magistrate has obtained a medical certificate of the
convicted person's fitness to
receive corporal punishment.",
and we note that no medical certificate was
obtained here. It is not necessary for us
to obtain such a certificate before
disposing of the appeal because we would not be disposed to alter the term of imprisonment in any event and the sentence of corporal punishment will not be carried out if these Appellants are unfit to
receive it.
25.
The orders made by the learned District Judge were for twelve strokes and fourteen strokes. We do not think that such severity
is called for here and we allow the appeals of the 1st and 2nd Appellants to the extent only that the number of strokes is reduced
to six in each case."
I would suggest that the line taken by the Court of Appeal in both these cases is, if we insist on retaining corporal punishment as a sentencing alternative, the appropriate guideline to be followed viz. that corporal punishment should only be the sentence in circumstances of "special aggravation". In other words, where unnecessary or cruel violence is used against the victim, indicating a high degree of callousness, then corporal punishment would be appropriate, as it might be in the case of a recidivist who has already served a number of terms of imprisonment.
CONFIDENTIAL
/P.13