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R. v. Ally John. Crim. Rev. 9-M-67; 10/2/67; Bannerman, J.
The accused, a juvenile aged 15, was sentenced to ten strokes and was also committed to an approved school (Children and Young Persons Ordinance, Cap. 13, s. 24).
Held: Under Cap. 17, s. 6 a juvenile convicted of any offence under the Penal Code other than one punishable by death “shall be liable to corporal punishment in licu of any other punishment …” Since corporal punishment is in licu of other punishment, the order committing the accused to an approved school was quashed, for the corporal punishment had already been carried out.
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