Rex v Omari (Con. C. 64-1931.)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court held that there is no power under the Penal Code to impose a sentence of imprisonment in lieu of corporal punishment. Where a lower court imposed twenty lashes with one year's hard labour as an alternative in the event of medical or other obstacles, the sentence of imprisonment was quashed as ultra vires while the sentence of corporal punishment was confirmed.
Outcome
Sentence of corporal punishment confirmed; alternative sentence of imprisonment quashed
Facts
The lower court sentenced the accused to twenty lashes with a provision that in the event of any medical or other obstacles to carrying out the sentence, one year's hard labour would be imposed in lieu. The case was referred to the Attorney-General for confirmation. The Attorney-General agreed that there was no authority for imposing a sentence of imprisonment in default of a sentence of corporal punishment.
Issues
- Whether a court has power to impose a sentence of imprisonment in lieu of corporal punishment.
Orders
- The sentence of twenty lashes is confirmed.
- The sentence of one year's hard labour is quashed.
Rules and key headnotes
Legislation cited (1)
- Penal Code s.27
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.