The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

CRIMINAL CODE 8%. 655,656 205
655. ~ ~ When an ~ offender ~ is sentenced ~ to n whipping, ~ the Court .
is required to give directions in the sentence as to the whipping, and
may direct that the offender be once, or, if so provided in the section of
this Code defining the offence, once, twice, or thrice, privately whipped.
The number of strokes, which may not exceed fifty at each whipping,
and, in the case of an offender under the age of sixteen years, may not
exceed twenty-five at each whipping, and the instrument with which they
are to be given, must be specified in the sentence.
The instrument must be either a birch rod, a cane, a leather strap,
or the instrument commonly called a cat, which shall be made of leather
or cord without any metallic substance interwoven therewith: Provided
that the cat shall not be used in the case of an ogender under the age of
sixteen years.
itioml ~ ~ S ~ ~ S ~ ~
of ent om First CePnvMiom. When
a person who has not been previously convicted in Queensland or else-
where of an offence of such a nature that, upon conviction, a sentence
may be imposed restricting the liberty of the offender for a period of
six months or upwards, is convicted of any offence of such a nature that
he may be sentenced, upon the conviction, to imprisonment for a period
not exceeding three years, then, if in the opinion of the Court or justices,
a sentence of imprisonment, with or without hard labour, for a period not
exceeding three years is an adequate punishment, the following provisions
have effect, that is to say,-
(1) The Court is to proceed to pass sentence upon the offender
in the usual form:
(2) The Court may, if it thinks fit, suspend the execution of the
sentence, upon the offender entering into a recognizance in
such amount as the Court directs, such recognizance being
conditioned that the offender shall be of good behaviour
for a period from the date of the sentence equal to the
term of the sentence, or if the term of the sentence is less
than twelve months, then for the period of twelve months,
and shall not during the like period do or omit to do any
act whereby the recognizance would become liable to be
forfeited under the provisions hereinafter contained:
(2A) (Repealed. )
(3) When such recognizance is entered into the offender is
to be discharged from custody, but is liable to be committed
to prison to undergo his sentence, if, during the period
specified in the recognizance, any of the conditions herein-
after specified happens with respect to him:
A written notice must be given to the offender upon
his discharge specifying the conditions under which he will
become liable to be so committed to prison:
(4) When an offender is so committed to prison, the term of the
sentence begins to run from the commencement of his
custody upon the commitment, but the term of the imprison-
ment does not extend beyond the period speczed in the
recognizance, and at the expiration of that period the offender
is entitled to be discharged:
(5) If the offence has relation to property, QP is an offence
against the person, the Court or justices may, upon suspend-
ing the execution of the sentence as hereinbefore provided,