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PUBLIC RECORD OFFICE
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13254.
$2
No. 55.
GRENADA.
GOVERNOR SIR C. A. MOLONEY to MR. CHAMBERLAIN.
(No. 89.)
(Received May 24, 1899.)
[Answered by No. 64.]
Grenada, April 30, 1899. SIR,
In reply to the inquiry directed to be instituted in the last paragraph of your despatch, Grenada, No. 29, of the 2nd ultimo,* I have the honour to report that under the Grenada laws, as per margin, the Court is empowered to sentence a man to be flogged once or twice. The number of strokes is left to the discretion of the Court, subject to the limitation that not more than 18 strokes are to be inflicted at either flogging, and if two floggings are ordered, the second cannot be inflicted within 14 days of the first.
The Criminal Code, No. 2 of 1897,
Sections 75, 76, and 290. The Cocoa and Nutmegs Ordinance,
No. 21 of 1896, Clause No. 21.
2. In Sub-section 2 of Section 76 of the Criminal Code, it is laid down that no sentence of flogging or whipping shall be passed upon a female of any age.
3. Juvenile offenders, viz., those of and above the age of seven and under the age of sixteen years, cannot be subjected to flogging, but may be sentenced to be whipped once or twice, at the discretion of the Court, with a light rod, cane, or birch of tamarind or other twigs. In each case the sentence must specify the number of strokes, which are not to exceed 12 strokes at any one whipping.
4. So as to satisfy myself on the whole position, I called for a return of the number of strokes inflicted for breaches of prison discipline as well as by order of courts of law during the past 10 years. For the decade, 202 floggings have been inflicted, of which In 15 cases, all of which were for only 12 were for breaches of prison discipline.
larceny of cocoa or nutmegs, although the number of lashes exceeded 24, the flogging was inflicted in two equal instalments, neither of which in a case exceeded 24 strokes. Eleven of these cases were ordered by the police magistrate, Eastern District, two by the police magistrate, Western District, one by the police magistrate, Southern District, and one by the Supreme Court.
5. As regards awards of the courts of law, a Bill has been prepared to amend the existing law, and to limit the number of strokes in any case of sentence of flogging to 24.
13283.
SIR,
No. 56.
ST. LUCIA.
I have, &c.,
ALFRED MOLONEY,
Governor.
GOVERNOR SIR C. A. MOLONEY to MR. CHAMBERLAIN.
(No. 92.)
(Received May 24, 1899.)
[Answered by No. 64.]
Grenada, April 30, 1899.
WITH reference to the enquiry directed in the last paragraph of your despatch, Grenada, No. 29, of the 2nd ultimo, I have the honour to report that under Section 75 of the Criminal Code of St. Lucia, Ordinance No. 101 of 1888, a prisoner may be
83
sentenced in part punishment by the Court to be flogged once or twice, the sentence specifying the number of strokes, which are not to exceed 50 at one flogging. The instrument with which flogging is inflicted is prescribed by law as a cat, approved by the Governor.
2. With regard to the punishment of whipping, which can be imposed once or twice, a prisoner under 11 years of age can be, at the discretion of the Court, sentenced up to 12 strokes
Criminal Code, St. Lucia, No. 101
of 1898. Section 75. The Purchase of Cocoa and Nutmegs Ordinance, No. 7 of 1895. Sub- sections 2 and 3, Section 21.
at one whipping, and between 14 and 16 years of age, up to 20 strokes at one whipping, with a light rod or cane, or birch of tamarind or other twigs.
3. The Administrator informs me that in no case
of flogging during the last five years have more than 24 strokes been adininistered.
4. Under no circumstances can flogging or whipping form part of any sentence passed upon any female, adult or juvenile.
5. So as to effect uniformity of legislation in this matter, and to carry out your instructions, I have directed a Bill to be introduced to the Legislative Council amending the existing law, and limiting the number of strokes in a case of flogging to 24. I have directed provision to be also made defining juvenile male offenders as those of and above the age of seven and under the age of sixteen years, and limiting, in any case of whipping,
I have, &c.,
ALFRED MOLONEY,
the strokes to 12.
13298.
No. 57.
ST. VINCENT.
GOVERNOR SIR C. A. MOLONEY to MR. CHAMBERLAIN
(No. 140.)
(Received May 24, 1899.)
[Answered by No. 64.]
Governor.
SIR,
Grenada, April 30, 1899. WITH reference to your despatch, Grenada, No. 29, of the 2nd ultimo,* I have the honour to transmit Administrator Thompson's despatch, No. 99, of the 21st instant, reporting on the provisions of the law of St. Vincent empowering awards by courts of law of the punishment of flogging.
2. The Administrator's despatch covers a memorandum by the Chief Justice, from which you will observe that the Supreme Court is empowered to sentence a male adult offender convicted of a crime under Section XIX, of the law "The Offences against the Person
The Ordinance, 1878."
as per margin, to be flogged once, twice, or thrice. (No. 38, of 1878.)
number of strokes is left to the discretion of the Court, pro- vided that in no case shall the number exceed 50 at each
Buch whipping. And in the case of a male offender whose age does not exceed 16 years, the number of strokes at each such whipping shall not exceed 25, and the instrument used shall be a birch or tamarind rod.
3. Whenever whipping may be awarded for any indictable offence under the Larceny Act and Injuries to Property Act of the 20th October, 1868, the Court may sentence the offender to be once privately whipped, and the number of strokes and the instrument with which they shall be inflicted shall be specified by the Court in its sentence.
4. The power of a police magistrate or two or more justices under Section 84 of the Summary Offences Ordinance, 1880, is confined to ordering juvenile (male) offenders under 16 years of age summarily convicted under that or any other Act or Ordinance to receive as a maximum 12 strokes of a birch red.
5. According to the Chief Justice's statement whipping has not formed part of sentence of the Supreme Court during the past five years.
any
• No. 51.
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