Assault is defined by section 252 of that Act. People v. Gomez (2008) 43 Cal.4th 249, 254. Flogging had been traditional in Japan -- see this picture of such a punishment in the Edo period (1603 to 1868) -- until it was abolished in 1872. Azerbaijan | Jersey is an island in the English Channel. This is less than half the 2007 figure, and more or less on a par with the level of caning in 1993. The 1991 Criminal Act provides for flogging (no details given). People v. Flynn (2000) 77 Cal.App.4th 766, 772, 91 Cal.Rptr.2d 902. Nevertheless, it was reported in 2008 that a magistrates' court had ordered a 19-year-old thief to receive 24 lashes for petty theft in lieu of imprisonment. Boys under 16 in Calcutta could be sentenced to "corporal punishment not exceeding fifteen stripes of a light rattan" for larceny. Sierra Leone | By my calculations, this appears to mean that about one-third of all police arrests (of which there were 19,371 in 2007, according to this police website) led to a caning sentence. In Aug 2018 a Deputy Minister of the government "called for new laws to restore corporal punishment", saying it was the only way to establish discipline in schools. Colombia | Allott (1970) records that 1st- and 2nd-class subordinate courts were empowered to order a maximum of 8 strokes of the cane. These canings are significantly more severe than the ones meted out at secondary schools. It is claimed that floggings were ordered for "trifling offences" instead of imprisonment or fines. It is created by section 8 of the Theft Act (Northern Ireland) 1969. St Vincent | The Criminal Code defines assault as a dual offence (indictable or summary offence). 8.11, Lafave, Criminal Law 3rd ed. United Kingdom | Rules for whipping by cane or birch rod. It should be noted that the phrase "corporal punishment" is being used particularly loosely in the Indian subcontinent. Flogging with a cane or paddle appears to have been common until 1920. MAIN ARTICLE: Birching in the Isle of Man 1945-1976 (with vintage video clips) provides illustrated overview including references to changing legislation and rules over the postwar period. There has been, as far as is known, no provision for formal JCP under the Assad regime in Syria, but Islamist forces who have taken over parts of the country implement their own justice systems, involving public floggings of a more or less ad hoc nature. A Green MP introduced a Bill in 2006 to put such a ban into effect, making smacking a criminal offence. Women as well as men may be flogged, as in this July 2009 report about 10 women being given lashes for wearing trousers. The European Court of Human Rights and the Abolition of Corporal Punishment On the Legislation Relating To Palestinian Children One of them was sentenced to a whipping for a bank robbery, and they kidnapped British soldiers and flogged them in retaliation. US State Department Human Rights Practices Report 2011 Mandatory Caning of Foreign Workers Who Overstay (New URL) A piece of legislation from 1966 about cannabis, which includes provision for the caning (up to 21 strokes) of teenage boys. There have been a number of reports of cases in which girls aged 13 to 18 have been ordered to be flogged for having pre-marital sex, even where they were unwilling victims (i.e. The Caning of Michael Fay: Can Singapore's Punishment Withstand the Scrutiny of International Law? 386(1)) limits the number of strokes to 12. Caning sentences in Singapore in 2008 for January to September inclusive numbered 4,078, equivalent to an annual figure of 5,437, a significant year-on-year decline. A news report in July 2000, inspired by UNICEF, claimed that "whipping" and "beating" and "lashes" were common at some schools. This video clip shows a schoolboy caning under way in Nigeria. half an inch thick and 2ft 6in long must be used, to be applied strictly to the buttocks only, max. It is not clear whether it is still on the statute book. Section 5 notes that corporal punishment of students, including caning, was widespread in Kenyan schools. PNG minister considers corporal punishment in schools It is no longer in force. US State Department Human Rights Practices Report 1995 This makes it look to be as much a quasi-judicial punishment as a school one, but it is the headmaster who is doing the whipping. Palestine | Griew, Edward. See page 9 onwards for statistics and graphs on the subject of convicted youth rioters and their sentences, including the proportion caned (12% of those aged 16 to 21) and average number of strokes. Section VII "The Rights of Women" quotes various legislation about such seemingly piffling things as men not being allowed to enter ladies' hairdressing salons, and the punishments laid down for violating these rules, including flogging (no details given). In the 1950s and 1960s the island became famous for its courts' increasing use of the birch to punish delinquent boys and young men across their bare posteriors. It is applied, to women as well as men, for moral offences, particularly to do with sex or alcohol. The minimum punishment for rape is 100 lashes. It was to be awarded only to boys, and administered only to the student's buttocks, either with a cane or a leather strap (the dimensions of both of which are specified). Gives details of the canings or birchings that magistrates' courts could impose on juveniles. (The 2007 and 2008 reports add nothing of significance. Anti-CP agitators GITEACPOC [PDF] say that in 1991, the Federal Court ruled that corporal punishment may be permissible in some cantons in certain circumstances, but a ruling in 1993 stated there can be no customary law that would allow teachers or other persons taking care of children to apply corporal punishment to them. The Prime Minister was reported in August 2012 as wanting to reintroduce CP because of indiscipline by students. Thailand | US State Department Human Rights Report 2015 In December 2011 it was reported that thousands of teachers had resigned from the profession in response to a collapse in discipline and an escalation of violence caused, they claimed, by the abolition of caning. This took place not at an ordinary school but at an Islamic boarding establishment. The use of a strap has also been mentioned as an alternative at some schools. US State Department Human Rights Practices Report 2000 [citation needed]. Tonga | Sentences had to be confirmed by the Administrator only where the offender was "a person other than a native"! This is different from larceny which simply requires that property be taken from the victim's possession, actual or constructive. Amnesty International Report 1998 A government minister explains to Parliament why the penalties were being increased for harassment by loan sharks, including caning where damage to property or hurt to persons is caused. On the other hand, a woman received 30 lashes for defamation after complaining of police abuse. Web links: School CP (other than those given above), Web links: Judicial CP (other than those given above) - countries A-R, Web links: Judicial CP (other than those given above) - countries S-Z, Regulations by State under the Penal Code, The Navy (Discipline And Miscellaneous Provisions) Regulations, 1965, International controversy was provoked in May 2014, elderly Christian woman who received nearly 30 strokes in April 2016, this article in the Journal of Social History, Public Safety (Emergency Powers) Act 1923 Section 5, Public Safety (Punishment of Offences) Temporary Act 1924, The European Court of Human Rights and the Abolition of Corporal Punishment, European Court of Human Rights: Case of Tyrer v. the United Kingdom, Inauthentic Sovereignty: Law and Legal Institutions in Manchukuo, Corporal punishment in the schools and homes of Japan, US State Department Human Rights Report 1993, US State Department Human Rights Report 1999, US State Department Human Rights Practices Report 1995, US State Department Human Rights Practices Report 1997, Spare the Child: Corporal Punishment in Kenyan Schools, US State Department Human Rights Practices Report 2000, expressed shock and said the government would seek to overturn the sentence, US State Department Human Rights Report 1998, US State Department Human Rights Report 2001, US State Department Human Rights Report 2003, US State Department Human Rights Report 2004, US State Department Human Rights Report 2005, US State Department Human Rights Report 2009, US State Department Human Rights Report 2011, US State Department Human Rights Report 2012, US State Department Human Rights Report 2013, US State Department Human Rights Report 2014, US State Department Human Rights Report 2015, US State Department Human Rights Report 2019, Caning in a mixed-sex city school in the 1960s, No corporal punishment in early childhood services or registered schools, Shards of teacher and curriculum development in four New Zealand secondary schools, US State Department Human Rights Report 1996, US State Department Report on Human Rights Practices 1997, US State Department Report on Human Rights Practices 2000, US State Department Report on Human Rights Practices 2001, US State Department Report on Human Rights Practices 2003, video clips that have come to hand so far, Violence Against Children within the Family and in Schools, On the Legislation Relating To Palestinian Children, PNG minister considers corporal punishment in schools, This illustrated article on Aljazeera.com in July 2016, US State Department Human Rights Practices Report 1998, US State Department Human Rights Practices Report 2001, US State Department Human Rights Practices Report 2006, US State Department Human Rights Practices Report 2009, US State Department Human Rights Practices Report 2013, NGO Initial Report on Saint Vincent and the Grenadines, US State Department Human Rights Practices Report 2004, US State Department Human Rights Practices Report 2005, US State Department Human Rights Practices Report 2007, Judicial caning in Singapore, Malaysia and Brunei, We Don't Know How to Talk About Corporal Punishment Because We're Using the Wrong Words. Corporal punishment is prevalent in schools in both North and South Nigeria. MAIN ARTICLE: For full details, with links to news items, pictures and various other documentation, together with video clips, see this separate page. With thousands of court-ordered canings administered each year, Singapore can reasonably claim to be the JCP capital of the world -- especially pro rata to its population -- even though the number has been falling drastically over the last few years. Criminal slang for robbery includes "blagging" (armed robbery, usually of a bank) or "stick-up" (derived from the verbal command to robbery targets to raise their hands in the air), and "steaming" (organized robbery on underground train systems). (The report for 2006 adds nothing new. For instance, this Feb 2007 news item claimed that shops selling punishment canes were still doing good business with schools even within the city of Hyderabad (in Andhra Pradesh), never mind in the rural areas. Among the types of robbery are armed robbery, which involves the use of a weapon, and aggravated robbery, when someone brings with them a deadly weapon or something that appears to be a deadly weapon. This was a reaction to a campaign of defiance, celebrated in this document, by the ANC and other non-white groups excluded from power. This very clear video from 2012 shows a senior boy bending over for a traditional formal caning at a private secondary school. Tony Tyrer himself never wanted this legal action to go ahead, and tried to withdraw it; when he broke his long silence in a newspaper interview many years later, he said he believed the birch was a good thing! Get a daily dose of showbiz gossip straight to your inbox with our free email newsletter Former Radio 1 DJ Mark Page has appeared in court accused of arranging the sexual exploitation of a … It also mentions an anti-CP boycott of classes at Mpofu High School. (The USSD reports for 2010, 2011 and 2012 add nothing new. And in this Oct 2013 case, a teacher was caught on video caning several schoolgirls on the hands. The document mentions a case (see this contemporary news report) in which a 16-year-old boy was awarded 24 strokes for trafficking in cannabis. Inmates could apparently be paddled for offences against prison discipline, but in Cebu Province this practice was abolished in August 2013, according to this news report, though that article seems to conflate official punishment with getting beaten by fellow prisoners. Finland | Singapore schools are renowned for strict discipline. This information is repeated in the 2000 report. See for instance this Dec 1999 news item. ... has been re commended that the Management liability for financial statements should be applicable to all companies in Nigeria whether private or public. Judicial corporal punishment was still on the Sri Lanka statute book, though not imposed for about 20 years (not true - see this Sep 1996 news item). Afghanistan | School CP was in theory outlawed in 1996, in private as well as state schools. Threats to third parties are sufficient. However, most cases go unreported in the media. Judicial CP in Jamaica, by cat or by tamarind switch, was quite common as recently as the 1960s. Amnesty International Report 1997 Islamic law was introduced in Aceh in 2002, and proposals for caning errant Muslims first emerged in September of that year. For there to be robbery there must be "force or fear" in perpetrating the theft. (brief). [26], by force or threat of force – the use of force or threat of force is the defining element of robbery. The floggings are administered in front of other detainees. Yemen | Mentions, but gives no details of, a May 1996 case in which two 10-year-olds were caned for housebreaking. Abunehneh Namibia | Botswana | US State Department Report on Human Rights Practices for 1999 Republic of South Africa Department of Correctional Services Hong Kong | Corporal punishment is lawful in schools in Indonesia, but there does not seem to be any tradition of its use in an official framework or in a systematic or formal way. School corporal punishment is outlawed in Samoa under the 2009 Education Act, according to GITEACPOC [PDF] , which however adds that this ban applies only to government schools and even then only to students aged 5 to 14. Big document produced by the Law Centre of Birzeit University (1996) explaining the complicated legal situation inherited from various different jurisdictions and shortly to be replaced (or so it was hoped at the time) with modern legislation by the new Palestinian Authority. More recently, that impression is strengthened by the appearance of these video clips of canings under way. Notes that, by the end of 2001, 12 northern Nigerian states had adopted versions of criminal Islamic shari'a law. The report noted that in some cases convicted persons were offered a choice between paying a fine and being caned. This often includes jail time. This was to be inflicted on the buttocks, presumably bare, except for boys under 16, who were to be punished "in the way of school discipline", which possibly means over the seat of the trousers. (The USSD report for 2002 adds nothing of substance.). Originally however it was the cat that was used, even on boys aged only ten to twelve, according to this report of a July 1876 trial and description of the subsequent punishment. Time for justice and accountability (The USSD report for 1996 adds nothing new.). Australia | Report (1999) by the US Agency for International Development. [20] The maximum legal punishment is imprisonment for life. Perhaps we ought to regard extremely long prison terms, rather than caning, as the truly distinctive characteristic of Singapore justice. Matters are complicated by the fact that Poland's borders have kept moving around over history. Also, a policeman was sentenced to 100 lashes and 3 years' jail for raping a child. This is about 120 canings per week, and roughly double the figure for 1993. Caning sentences declined by 27% year on year, to only 2,318, of which 98.9% were administered. According to Benson and Glover (1931), there were 20 judicial floggings in Palestine in 1929. However, there have been reports of its illicit use, especially in private schools such as the Juku or "exam-crammers" -- evening or weekend establishments for extra tuition, which many students attend on top of their ordinary schooling. International controversy was provoked in May 2014 when a 25-year-old woman was sentenced to public caning, along with her male companion, for adultery. This had nothing to do with apartheid: boys at white schools, whether Afrikaner or English, were just as likely to receive "cuts" or "jacks" as black and "coloured" students. The theft is considered completed when the perpetrator reaches a place of temporary safety with the property.[30]. Switzerland | In the West Bengal case, it was reported (2011) that the state government was proposing to outlaw CP by legislation, the 2004 ban being merely a court ruling. There were 123 such cases in 1915, falling to only 18 in 1931. Bermuda | Children and Young Persons (Licensing of Homes) Regulations 2011 From a 1975 book comparing the situation north and south of the post-1922 border as regards institutions for older youth offenders. US State Department Human Rights Report 1998 (The 2007 report adds nothing fresh.). Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by putting the victim in fear. The Education Act 1982, read together with the Education Rules 1977, lays down that a cane of max. These particular punishments are seen to be applied to the clothed buttocks, but some photographs from other states, such as in this 2002 report from Katsina, show whippings on the bare upper back. This video clip shows a 25-stroke caning sentence being administered at a local court in Cross River State, in the south of the country, in 2013. Corporal punishment in Qatar schools is prohibited by a ministerial decree of 2001, according to GITEACPOC [PDF] . The word "rob" came via French from Late Latin words (e.g., deraubare) of Germanic origin, from Common Germanic raub "theft". Canadianvisa.org. A brief legal comment on the above case. Prisoners inflicted with more than 24 strokes of the cane In particular, there is a maximum of ten strokes per caning (reduced some years ago from 12), not three as at school, and it is known that the full ten strokes are sometimes administered, at any rate for offenders aged 17 or 18. South Africa | The celebrated 1981 "caning video" case at Rongotai College shows that this culture was by no means confined to "posh" schools. Most parents and teachers in Punjab support CP in schools, according to this June 2013 news report. On the other hand, there could easily be confusion about what is meant by "corporal punishment". A survey in the Western Cape published in 2009 found that 63% of citizens wanted to bring back caning in schools. The newly independent country proceeded to enact fresh JCP legislation of its own (see external links below). (The report for 2008 merely repeats the same information. However, indigenous or local communities in some areas carry out whippings, notably from the region of Cajamarca. Austria | Peru | The US State Department has evidently given up reporting statistics on JCP in Singapore. US State Department Human Rights Report 2016 (3) Every person who assaults any person with intent to rob shall be guilty of felony and on conviction thereof liable to penal servitude for any term not exceeding five years. There was a very significant decline in the number of canings ordered, according to this -- 4,228 sentences in January to November inclusive, for an annual equivalent of 4,612, of which 99.8% were carried out. Robbery occurs if an aggressor forcibly snatched a mobile phone or if they used a knife to make an implied threat of violence to the holder and then took the phone. It was argued that the theft should be regarded as complete by this time, and R v Gomez (1993),[10] should apply; the court disagreed, preferring to follow R v Hale. Belize | Ireland | Claims that in 1993 the use of juvenile judicial caning in Swaziland had declined compared with earlier years. This implement is more familiar in the Pakistani part of Punjab, and possibly dates from the pre-1947 era, when the whole of Punjab was a single and somewhat distinct entity within British India. At the end of the document it is specified that, as the offender is a juvenile, the caning is to be done "with a light rattan". Some judges in the mainly Christian south also still reportedly observed Sharia law, possibly including flogging. US State Department Human Rights Report 1999CP was known to occur in Jordanian schools despite the legislative prohibition on it, according to this. (The 1999 and 2000 reports on Qatar add no further information. Robbery is a statutory offence in England and Wales. These were apparently adapted from those once applicable in Queensland, Australia. In Apr 2018 it was reported that, because public floggings in front of a baying mob were giving Indonesia a bad name internationally, the ceremony would thenceforth be performed inside prison, with no photography allowed. It was administered with either the knout (abolished 1845), the plet or the birch (abolished 1903). Corporal punishment is always combined with a prison sentence; the prisoner generally receives his caning fairly early on in his prison term, once any appeal has been exhausted. The Caning of Michael Fay: Can Singapore's Punishment Withstand the Scrutiny of International Law? It goes into a bit more detail about the facts of the case than any of the news reports gave at the time. According to informed sources, SBH residents receive formal, vigorous canings across the seat of the trousers for serious offences (especially fighting and bullying). (West 2000) Sec. Fiji | In R v Hale (1978)[8] the application of force and the stealing took place in different locations, and it was not possible to establish the timing; it was held that the appropriation necessary to prove theft was a continuing act, and the jury could correctly convict of robbery. This video clip shows what is said to be the public flogging in 2013 of a young woman in the capital, Malé. According to this report, courts in the mainly Moslem north routinely imposed floggings, especially for the production of alcohol. Caning remained mandatory for some 30 crimes in 1997. Australian news item (Feb 2006) reporting that the PNG Prime Minister had called for the "reintroduction" of caning in secondary schools and for its use also in universities and technical colleges, complaining of a lack of discipline in educational institutions. b. had the intent to commit an offence with a maximum penalty of 25 years or more. Canada. Men and women alike may be caned, but not juveniles. US State Department Human Rights Practices Report 2005 The tone of this document seems less gung-ho and a bit more on the defensive about CP than in earlier years; it makes the rather startling claim that "Corporal punishment is not a common punishment in Singapore and is only conducted as a last resort". The Navy (Discipline And Miscellaneous Provisions) Regulations, 1965 Unlike the mainland, the Isle of Man did not abolish JCP in 1948. In practice it looks much more like a "spanking" than a "flogging". It seems likely that most of these infractions would have involved angry spur-of-the-moment hitting rather than proper formal CP, a crucial distinction that organisations like GITEACPOC always find it convenient to ignore. See p12/13 for changes to caning provisions, mainly to do with the cap of 24 strokes per occasion. This punishment is often ordered for "Islamic" offences such as adultery and drinking alcohol, and there is conflict over whether it should also apply to non-Moslems, as in this Oct 2005 court case. At first, most of the reported cases were for alcohol or gambling, but more recently, there have also been canings for sexual offences. France | The document makes no apology for the fact that the High Court may sentence boys under 16 to "caning with a light rattan" for serious offences (and also the fact that "corporal punishment is meted out judiciously to errant male pupils" at school). Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. ), US State Department Human Rights Practices Report 2007 The Criminal Code Act (chapter 29 of Part V; sections 351 to 365) creates a number of offences of assault. See these sample cases. This Aug 2017 news item reports that a boys-only high school in Manzini punishes its students on the bare buttocks with what sounds like a large paddle. Egypt | Nauru is a tiny island nation in the South Pacific. 386(1)) limits the number of strokes to 12. Pakistan | United States | Caning under this regime is less severe than JCP under the Criminal Procedure Code. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault.