Personal Violence Act 1866 (SA)

ANNO TRICESIMO

A. D. 1866.

No. 3.

An Act for the further Security of the Persons of Her Majesty's

Subjects from Personal Violence, and for other purposes.

[Assented to, 8th November, 1866.1

HEREAS the laws heretofore in force have been insufficient Preamble.

W to deter persons from crimes of violence--Be it therefore Enacted, by the Governor-in-Chief of the Province of South Aus-

tralia, with the advice and consent of the Legislative Council and H.ouse of Assembly of the said Province, in this present Parliament assembled, as follows:

1. Whosoever shall by any means whatsoever attempt to choke, Attempting to choke &C., in order to com-

suffocate, or strangle any other person, or shall, by any means calcu- mit . , inaicMe

lated to choke, suffocate, or strangle, attempt to render any other offonce.

person insensible, unconscious, or incapable of resistance, with intent i,4d,25	Vic-s c* lo0j
in any of such cases thereby to enable himself or any other person
to commit, or with intent in any of such cases thereby to assist any other person in committing any indictable offence, shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for life, or any less term, with or without hard labor, and with or without solitary or aeparate con- finement.

2. When any person is convicted of any crime under the last POWW t o a w ~ d

preceding clause, or under clauses 22, 23, 24, or 26 of Act No. 4 of p unishment of whip- ping in certain caaer.

1859, intituled 'c An Act for consolidating the Statute Law in force 26	vie,,
in South Australia relating to indictable offences against property
by larceny and other offences connected therewith," or under clauses 34 or 42 of Act No. 9 of 1859, intituled U An Act for consolidating

D the

300 TtICTORL!E, No. 3.

Violence to Persom A c t. 1 8 6 6.

the Statute Law in force iu South Australia, relating to indictable

offences against the person," or any or either of the said clauses, the Court before whom such person is convicted may in addition to the punishment heretofore awarded, direct that the offender, if a male

be once, twice, ox thrice, privately whipped, subject to the following

provisions:

(I.) That in case an offender whose age does no xceed sixteen

years the number of strokes at each such whipping do not exceed twenty-five, and the instrument used &hall be as nearly as may be similar to the birch-rod wed in England:

(11.) That in the case of any other male offender the number of

strokes do not exceed fifty at each such whipping, and the

instrument used shall be a cat-o'nine-tails:

(1x1.) That in each case the Court in its sentence shall specify the

number of strokes to be inflicted and the instrument to be

used:

Provided that in no case shall such whipping take place after the

expiration of six calendar months from the passing of the sentence: Provided also that the provisions of this Act shall apply only to

convictions before a Judge of the Supreme Court.

In the name aud on behalf of the Queen I hereby assent to

this Act.

D. DALY, Governor.

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Adelaide: Printed by authority, by W. C. Cox, Government Printer, Victoria-rrquare,