Eliakim s/o Nicholaus v. R., Crim. App. 116-A-69, 9/8/69, Platt J.

Eliakim s/o Nicholaus v. R., Crim. App. 116-A-69, 9/8/69, Platt J.

The appellant was convicted of rape of 14 years old girl and sentenced to three years imprisonment together with 18 strokes of corporal punishment. It appears that he used a knife to subdue the girl.

Held: “It has been observed that in cases of this nature where a young man of previous good character is involved, that long term of imprisonment together with corporal punishment is only justified in the more extreme instances of the offence. Generally speaking, where corporal punishment is awarded in an attempt to give the offender the sharp lesson, as well as provide some deterrent, it is reasonable for the length of the term of imprisonment to be somewhat reduced. I would agree that where a knife is used to subdue a very young girl, that corporal punishment may properly be awarded. But having in mind the age and the antecedent of the appellant, a sentence of two years’ imprisonment would be sufficient to meet the merits of this case. Accordingly while the order for corporal punishment is confirmed, the sentence is reduced to one of two years’ imprisonment.”