39 Victoria No 6: An Act for the more effectual Punishment of Juvenile Offenders (30 September 1875)
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2. When any male person whose age does not
exceed Nineteen years is convicted of --
- Any assault occasioning actual bodily harm, or any
offence against the person of a higher degree which
includes an assault;
- Any indecent offence;
- Any disturbance of the peace accompanied by the use of
obscene or indecent language on the part of such an
offender;
before any Judge of the Supreme Court, or a Recorder of any
Court of General Sessions of the Peace, or before the Police
Magistrate of Hobart Town or Launceston
respectively, such Judge, Recorder, or Magistrate, as the case
may be, may, in lieu of or in addition to any punishment by law
authorised for the offence of which such person is convicted,
sentence such offender to be once, twice, or thrice privately
whipped in some Gaol, and to be there detained until whipped; and
the number of strokes, and the times when the same shall be
inflicted, shall severally be specified in the order, sentence,
or conviction awarding such punishment.
The number of strokes inflicted at each whipping shall not
exceed Fifteen; and in the case of any offender whose age does
not exceed Fourteen years the number of strokes inflicted at each
whipping shall not exceed Twelve; and in all cases the instrument
used shall be a rod of twigs, or a cane, or a leathern strap, to
be provided under the direction and approval of the Sheriff.
In any case in which such offender shall be convicted before a
Judge of the Supreme Court of a capital offence, it shall be
lawful for such Judge, if he sees fit, instead of directing the
sentence of death to be recorded against such offender, to direct
that such offender be imprisoned for such period as to the Judge
may seem meet; and that such offender shall be during the term of
such imprisonment once, twice, or thrice privately whipped as
aforesaid.
3. Whenever an offender is sentenced to be
whipped more than once, there shall be an interval between each
whipping of not less than Twenty-four hours.
4. When any offender is sentenced to be
whipped as aforesaid, such sentence shall be carried out in the
presence of the Gaoler of the Gaol wherein such offender has been
sentenced to be whipped, by some officer appointed by the Sheriff
for that purpose.
5. When any offender is sentenced to be
whipped more than once, every whipping after the first shall be
inflicted in the presence of the Medical Officer of the Gaol or
some other legally qualified Medical Practitioner.
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