CO129-228 - Acting Governor Marsh - 1886 [7-9] — Page 123

4.

in case

aud

Magistrate should in addition to imprison -ment order corporal punishment not axceeding 244 strokes for the first offence,

of a cubeequent return 2 or 3 whippings cach not exceeding 25 etrokes.

With regard to the other changes wish to introduce, I beg to state that. Ordinace 12 of 1865 which recited that the punishments hitherto awarded вер the fow were insufficient to deter from crimes of violence, excected the punishment of whipping in all cases where the person convicted of a

(A) at the time of the

B.

a crime had_

commission of

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

geothe

other

C. had at the times aforesaid, by any attempted to render any

unconscious or incapable of

person.

resistance

resistance.

5.

121

It will be seen that whipping could

be awarded in all cases where at the time crime the offender

of the commission of the was armed, for instance he could be whipped for Bierglary if armed,

with intent to resist. wounding apprehension .

of

to

Ordinance 3 of 1881 repealed 01522 12 of 1865 and restricted whipping offences against Section 19 of Ordinance #4 of 1865 and Section & 1 of Cr2 7 of 1865.

Section 19 of Ordina

19 of Oxlinance 4 of 1865 runs

as follows: _

Whosoever shall, by any n

whatever, attempt to choke, suffocate,

strangle any other person, or shall by

any

OF

means calculated to choke, eiffocate,

other

strangle, attempt to render ampperen. insensible unconscious or incapable

of Resistance, with intent in any of ~_ thereby to enable himself or

such cases

any other person to commit or with

intent