Offences on Women Act 1874 (SA)

ANNO TRICESIMO SEPTIMO ET TRICESIMO OCTAVO

VICTORIB REGINB.

No. 19.

An Act to amend the Law relating to the Punishment af certain

Ofences against Women and Childrm, and to fachkxte the

reception of Evidence in certair cases, and, fo~ othr purposes.

[Asscntcd to, 6th N ovcmber, 1874.1

E it Enacted by the Governor of the Province of South Aus- F r e d l s.

and House of Assembly of the said Province, in this present Par-	B tralia, with the advice and consent of the Legislative Council
liament assembled, as follows:

1. Notwithstanding the provisions of Act No. 9 of 1869, and of Puni~hment of

whipping to be

HH

Act No. 3 of 1866, the punishment of whipping may be awarded awarded in cedah

to any male offender convicted under any clause of the said Acts, cmes.

irrespective of the age of the offender: Provided-

I. That in the case of an offender, whose age does not cxceed sixteen years, the number of strokes at cach whipping shall not excced twenty-four, and the instrument used shall be

similar to the birch rod used in England, or shall be a light

cane:

11. That in case of an older offender, the number of strokes shall

not exceed forty-eight at each such whipping, and the instru-

ment used shall be a cat of nine tails:

111. That in every case the Court or Judge shall specify the

number of strokes to be inflicted at such whipping.

2. No child under the age of ten years shall be deemed capable Children under ten

of consenting to any indecent assault, or any assault with intent to ,f rnnmnting years of age incapable

a b t a rape. 3. In oertaiP offences,

37" & 38" VICTORIAE, No. 19.

O$nces against W m e n and Children Act.--1874. -

nnsfworn te~timony of 3. In every prosecution for a criminal offence wher~in or to which

children m y be re-	the testimony of	a child under the age of	ten years may be required,
oeived ia

caaes.	the Court, Judge, Coroner, Justice, or Justices of the Peace, having jurisdiction in the matter to which thc testimony relates, may receive
such testimony without administering any form of oath, and ~ ~ t h o u t
any formality, except that such Court, Judg? Coroner, Justice, or Justices, as the case may be, shall, before recerving such testimony, cause it to be explained to such child that he or she is required to tell what he or shc knows about the matter to which his or her testimony relates; and the testimony so taken and reduced to writing undcr the hand and seal of the Judge, Coroner, Justice, or Justices
taking thc same shall be available as evidence for all purposes
whatever.

Effect eo given. Of the evidence 4. The effect of such unsworn testimony shall be according to the

- --	weight and credibility which, in the opinion of the Court, Judge,
Coroner, Justice, or Justices, or of the jury under their direction, as the case may be, ought to be attached thereto as evidence given
without the sanction of an oath.

In the name and on behalf of Her Majcsty, I hereby assent to

this Bill.

A. MUSGRAVE, Governor.

m- A ____I_==

AdeIside : By authority, W. C, Cox, Qoyernment Printer, North-terrace.