in case
aud
Magistrate should in addition to imprisonment order corporal punishment not exceeding 24 strokes for the first offence,
of a subsequent return 2 or 3 whippings each not exceeding 25 strokes.
With regard to the other changes I wish to introduce, I beg to state that Ordinance 12 of 1865 which recited that the punishments hitherto awarded were insufficient to deter from crimes of violence, excepted the punishment of whipping in all cases where the person convicted of a
(A) at the time of the commission of
B.
a crime had
offensive
the crime been armed with an
weapon
or
instrument, or
had wounded, beat or used personal violence immediately before or immediately after the commission of the
crime, or
had at the times aforesaid, by any means attempted to render any
person
unconscious or incapable of
resistance
.
121
It will be seen that whipping could
be awarded in all cases where at the time of the commission of the crime the offender was armed, for instance he could be whipped for burglary if armed with intent to resist apprehension or wounding.
Ordinance 3 of 1881 repealed Ordinance 12 of 1865 and restricted whipping offences against Section 19 of Ordinance 4 of 1865 and Section 1 of Ordinance 7 of 1865.
Section 19 of Ordinance 4 of 1865 runs as follows:
Whosoever shall, by any means whatever, attempt to choke, suffocate, strangle any other person, or shall by any means calculated to choke, suffocate, strangle, attempt to render any person insensible, unconscious or incapable of resistance, with intent in any of such cases thereby to enable himself or any other person to commit or with intent