b.
122
intact in any of such assist.
Cares thereby to m "any other person in committing any indictable offence, shall be guilty of Felony And ho : 31 of Ordinance 7 of 1865 enacts, that Whosoever shall, being a person armed with any offensive weapon or instrument, rob, or assault with intent to rob any person, or shall, together with one or more other person or persons, or assault with intent to rob any person, and at the time of or immediately before or immediately after such robbery, shall wound, beat, strike, or use any other personal violence to any person. Therefore a person committing Burglary or some other serious offence, if armed, would escape whipping unless the charge was reduced to robbery and brought under Section 31 of Ordinance 7 of 1865, and even if this could be done, it would, doubtless, be against the intention of the law, which intended to restrict whipping to cases of robbery with violence.
Murder Under the present system whipping can be inflicted on a male over 16 years of age, only for (a) Robbery with violence (b) Attempt to choke, suffocate or render insensible any person with intent to commit, or enable another person to commit a crime.
Whereas the Ordinance which I submit would make (a) Petty theft (b) returning from banishment (c) committing a crime being armed, beating, wounding or using personal violence to any one immediately before or after committing any crime (d) Robbery by means of (e) Attempting to choke, suffocate, or render insensible or incapable of resistance any person with intent to commit a crime or to enable another person to commit a crime — punishable by whipping.