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circumstances be sentenced to whipping. Section 309 CRIMINAL PROCEDURE
AND EVIDENCE ACT N0.9 (2) 1981, prohibits whipping of females.
There are other sections in the CRIMINAL PROCEDURE AND EVIDENCE ACT
N0.9 of 1981, which exclude from certain punishments such as caution and
discharge or reprimand, from being meted out to the accused persons who are
convicted of serious offences. There seems to be no options worth considering in
order to pass sentence in this case. Therefore even though postponement of the
passing of sentence is also prohibited in cases where the accused has been
convicted of offences specified in schedule 111, I find myself compelled to
postpone the passing of the sentence for the simple reason that there is no
appropriate sentence that I could possibly pass presently.
Therefore it is order that the passing of the sentence in this case is postponed for
a period of three years on condition that the accused do not within that period
commit any offence involving violence to a person of another for which she is
sentenced to imprisonment for a period in excess of six (6) months.
JUDGE
29 day of November, 2000
th
For Crown:
For Defence:
Ms. Nku
Mr. Ntlhoki
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