R. v. Mohamed Crim. Rev. ?-D-70; 28/9/70; Biron J.

R.  v.  Mohamed Crim. Rev. ?-D-70; 28/9/70; Biron J.

The accused was convicted on his own plea of causing grievous harm c/s 225 of the Penal Code and sentenced to 3 years imprisonment and 10 strokes corporal punishment which sentence requires confirmation by the High Court.

Held:  “Although I fully agree with the magistrate that the offence merits the sentence imposed, I am, however unable to confirm it, as the award of corporal punishment is ultra vires. In the Schedule to the Corporal Punishment Ordinance (Cap.17 – Supp.58),…..corporal punishment can be awarded, and I quote Item 2: for “any assault included in Chapter XXIV of the Penal Code of an aggravated nature by reason of the youth, condition or   sex of the person upon whom or by reason of the nature of the weapon or the violence with which such assault shall have been weapon or the violence with which such assault shall have been committed”. The offence of causing grievous harm with which the accused was charged and convicted is under Section 225 of the Code, and therefore does not attract corporal punishment.” Award of corporal punishment set aside; sentence of imprisonment confirmed.