D. introduce whipping for petty thefts.
These recommendations were agreed to after consultation with Mr. Nice, Police Magistrate, now Acting Registrar of Supreme Court, and with the approval of Mr. Meeckean, one of the Commissioners who is also Acting Police Magistrate.
They both stated what is now admitted by everyone who has any knowledge of the subject that a short imprisonment is no punishment for an ordinary coolie and they, dealing with about 15 of these cases per week, had, in order to try and put a stop to these petty thefts, to greatly increase the imprisonment for these slight offences.
A Police Magistrate has power to give only six months imprisonment. I am of opinion that he should not, in cases of petty theft, inflict such a term of imprisonment, say two or three months, as would contrast unfavourably with the sentence of six months which is the most he could give in a serious matter;
Moreover, I am of opinion that it is a punishment wholly out of proportion to the nature of the offence. These cases are very trivial and yet they are numerous and must be put a stop to if possible.
I therefore propose to give Magistrates the power to inflict a whipping not exceeding 12 strokes for the first and 24 strokes for any subsequent offence in lieu of imprisonment, in cases of petty thefts in which he would not give more than 14 days imprisonment with or without hard labour. These are trivial cases and the offender, instead of being sent to prison and being brought in contact with the criminal class, would be whipped and turned away.
It is hoped members of the Gaol Commission and the others were all strongly of opinion that this punishment, although not severe, would be effectual. With respect to returning from banishment, I propose that the Magistrate...