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www.corpun.com   :  Legislation   :  AU (S. Australia) JCP 1940


South Australia

Criminal Law Consolidation Act 1935-1957



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50. Any person who unlawfully and carnally knows any female under the age of twelve years shall be guilty of felony, and liable to be imprisoned for life.

51. Any person who attempts or assaults with intent, unlawfully and carnally to know any female under the age of twelve years, shall be guilty of a misdemeanour, and liable to be imprisoned for any term not exceeding seven years.

52. Any person who unlawfully and carnally knows any female of or above the age of twelve years and under the age of thirteen years, shall be guilty of a misdemeanour, and liable to be imprisoned for any term not exceeding seven years.

52a. Where any person is convicted of an offence against section 50, 51, or 52 of this Act, the court shall order such person to be whipped unless the court is of opinion that there is adequate reason for not making such an order.

(Inserted by 54, 1940, s.5)

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308.(1) Whenever whipping is authorised by this Act, the court may, if the offender is a male person above the age of sixteen years, in addition to any other punishment awarded, order the offender to be once, twice, or thrice privately whipped, and the number of strokes, not to exceed fifty at each whipping, shall be specified in the sentence.

(2) When any male person under the age of sixteen years is convicted of any offence against this Act, the court before which he is convicted may, instead of or in addition to any other punishment, order him to be once, twice, or thrice privately whipped, and the number of strokes, not to exceed twenty-five at each whipping, shall be specified in the sentence.

(3) All whipping ordered by virtue of this Act shall take place within six months of the passing of the sentence.

(4) The Sheriff may, with the approval of the Governor, prescribe the form and kind of instrument to be used in the whipping of offenders sentenced as aforesaid.




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