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Whipping as a Penal Sanction: Its Consideration In a Recent Case IN JANUARY, 1966, the accused, Douglas, aged 26 years, was before a Victorian Court of General Sessions (Judge Rapke) and was found guilty of robbery in company. The trial judge was concerned as to the propriety of ordering a whipping as part of the sentence to be passed. The following pages set out the concern of the judge as to how he should use his judicial discretion, the reports submitted by a psychiatrist and a criminologist at the request of the court, and the judgment of the trial judge when passing the sentence (Editor). Following the conviction of Douglas the trial judge commented: "In this matter Douglas, the prisoner, was found guilty of robbery in company and I reman.ded him in custody for sentence. In my opinion the commission of the offence in this case was attended with or accompanied by cruelty or great personal violence within the meaning of the language of section 477, sub-section (1) of the Crimes Act 1958. The fact that that opinion is held by me means that I now have to consider whether or not, in addition to whatever punishment I award,
Australian & New Zealand Journal of Criminology – SAGE
Published: Mar 1, 1968
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