hi pandanchen, need yr expertise...
today during break, my friends were talking about the cabby who
molested the 15yr old australian girl. naturally, the topic shifted
to caning...and eventually became an argument. the point of debate
:
1. that the strokes must be inflicted on the same occasion, not
in instalments
2. that if during caning, the medical officer decides that the
prisoner is unfit to be continued to
be caned :
(a) the matter is reported to the court,
which can choose to remit the caning or increase the jail term in
lieu of the strokes not carried out.
OR
(b) the rest of the strokes would be administered
in another session.
found both (a) & (b) on the internet. which is correct? or
neither?
the criminal procedure code got mention?
$50 bet on it. appreciate your help! thanks!
you wrote:
1. that the strokes must be inflicted on the same occasion, not
in installments
ans: Correct!
2. that if during caning, the medical officer decides that the
prisoner is unfit to be continued to be caned :
(a) the matter is reported to the court, which can choose to remit
the caning or increase the jail term in lieu of the strokes not
carried out.
ans: the court only passed the sentence of how many strokes to
cane the accused, after that the discretion is with the prison
authority. if the doctor recommends that the accused cannot take it
anymore (halfway thru the canning) , all the remaining strokes are
canceled. the prison don't have to seek the court authority for
this. no increase in jail term
however, if before the caning starts and the doctor found that
the accused cannot be caned at all for medical reasons. the prison
need to inform the court to amend the sentence to jail only without
any strokes. jail term can be increased by the court.
you can confirm this with the prison authority but i doubt they
will tell you. this is a matter of practice.
you wrote:
(b) the rest of the strokes would be administered in another
session.
answer: no such thing. all strokes must be carry out on the same
day. cannot postphone some to another day