Defined Terms

Swift, Frightening and Painful Dose of Corporal Punishment or

Number Of Punishment Strokes In The Pilot Stage Of The Re-introduction Of Corporal Punishment for adults in Australia for Suitable Male Criminals and for Non-Murderous Crimes or Jail Sentences
 

Across Australia, 46.4% of prisoners released during 2016-17 returned to prison within two years (to 2018-19).

Jail incarceration is an exceedingly costly and failed form of Punishment and Deterrent, as chronicled in Baker's Dozen Unsustainable Problems Within the Australian Prison System

Over 90% of the 107 billion Homo sapiens that have occupied terra firma during the last 125,000 years lived under the frightening peril of Corporal Punishment Roughly one quarter of the existing Homo sapiens population currently live under the prospect of Corporal Punishment

Sharia Law governs some Muslims

"......flogging or whipping, including foot whipping in some countries, is still a common punishment in some parts of the world, particularly in countries using Islamic law and in some territories formerly under British rule. Medically supervised caning is routinely ordered by the courts as a penalty for some categories of crime in Singapore, Brunei, Malaysia, Indonesia, Tanzania, Zimbabwe and elsewhere.  Flogging is a form of punishment used under Islamic Sharia law. It is the prescribed punishment (hudud) for offences including fornication, alcohol use and slander and is also widely favoured as a discretionary punishment (ta'zir) for many offences, such as violating gender interaction laws (zina). Punishment is normally carried out in public."  A picture.

"Amputation, is the removal of part or all of a body part enclosed by skin. Within the context of, it refers to the removal of the hands or feet. This, along with beheading, flogging, and crucifixion, is a prescribed punishment in Islamic law."   A picture.

Australia's 242 years history, post 1788, evidenced a high reliance on Judicial Corporal Punishment to maintain law and order, often Sentencing Punishment by floggings with the Cat 'O Nine Tails, because English law within its land settlements, and also back in the Old Dart itself, relied upon it.

"The First Fleet sailed from Spithead, England on 13th May 1787 carrying food, clothing & other supplies for two years.  568 male, 191 female convicts .................... travelled 15,000 miles in a little over 8 months to reach Australia."  Deterring a convict population from criminal behaviour necessitated patent and public punishments that continued well into the 20th Century.

"In Victoria a Committee sat in 1948 to consider abolition of the birch or the cat or both, but its members could not agree. Abolition did not result: two Victoria criminals were ordered to be flogged with the cat in 1957, and the flogging was actually carried out the following year." 

"In Queensland, whipping stayed ‘on the books’ in the Criminal Code until the mid-1980s."

Professor Andrew Day, Melb Uni, article Crime and punishment and rehabilitation: a smarter approach (June 2015) asserts that that Punishment "needs to be predictable, applied at maximum intensity to be effective and be dispensed swiftly".

In the Pilot Stage of Australia re-introducing Corporal Punishment, Floggings would be less than those Sentenced in the final 30 years of Judicial Corporal Punishment for Adults in Australia until the mid-1940s that is still Sentenced in three adjacent Commonwealth of Nations Countries in South East Asia - Malaysia, Singapore and Brunei - Singapore: Judicial and prison caning. that each have significantly lower crime rates than Australia:

Floggings would be carried out, unless opposed by a court appointed medical practitioner on the grounds that the inmate was not physically fit enough to receive the Flogging -

*       less than one fifth the number of strokes to those Sentenced during the initial 100 years of British settlement in Australia; and

*       less than half the strokes currently sentenced in Malaysia, Singapore and Brunei.

The number of canings and lashes in equal numbers that would commence being inflicted within four weeks of any legal appeals being heard and determined would be -

*      one lash with the Cat 'O Nine Tails across the bare back; and
*      one caning with the Australian Rattan across the bare buttocks,

for a Level 6 criminal offence of the Penalty Scale (outlined in the Sentencing Act 1991 - Victoria and listed in the below table MAXIMUM PENALTIES) committed by a Suitable Male Criminal and increase by one lash and one caning for each more serious 'level' of criminal offence, up to Level 2.

A Suitable Male Criminal convicted of a  Level 2 criminal offence would receive -

*      five lashes with the Cat 'O Nine Tails across the bare back; and
*      five canings with the Australian Rattan across the bare buttocks.

Where the number of strokes (lashes and canings) of Corporal Punishment exceeds four in toto (two lashes and two canings) being for Level 4 up to Level 2 criminal offences, the above Corporal Punishment would be inflicted one month apart.

A Suitable Male Criminal found guilty of a Level 2 offence, would receive

*      two lashes with the Cat 'O Nine Tails across the bare back; and
*      two canings with the Australian Rattan across the bare buttocks.

Four weeks later that Suitable Male Criminal would receive a further -

*      two lashes with the Cat 'O Nine Tails across the bare back; and
*      two canings with the Australian Rattan across the bare buttocks.

Four weeks later  that Suitable Male Criminal would receive a further -

*      single lash with the Cat 'O Nine Tails across the bare back; and
*      single caning with the Australian Rattan across the bare buttocks.

Hence, a Suitable Male Criminal found guilty of any of the following Level 2 criminal offences would not have received his Sentence of Corporal Punishment until eight weeks after his Sentenced Floggings commenced:

Rape
Sexual penetration of a child under 12 years
Armed robbery
Aggravated burglary
Arson causing death

Spreading the above Corporal Punishment equally between the back and the buttocks would materially reduce long term scarring described under 'Scarring' that occurs on a daily basis at three adjacent and closely linked members of the Commonwealth of Nations in South-East Asia, namely at prisons in SINGAPORE, MALAYSIA AND BRUNEI.

Non-Murderous Crimes draws upon the below table from webpage MAXIMUM PENALTIES in the Sentencing Advisory Council for the Victorian Govt website.

MAXIMUM PENALTIES

The legislation that defines an offence sets the maximum penalty that courts can impose on anyone convicted of that offence.

Maximum penalties are reserved for the worst, most serious examples of an offence. For a single offence, judges and magistrates may not impose a heavier sentence than the maximum penalty for that offence.

Penalty Scale

The maximum penalty reflects parliament’s view on the seriousness of the offence. Maximum penalties for many offences, including all offences in the Crimes Act 1958, are set according to a penalty scale, as outlined in the Sentencing Act 1991.

The penalty scale for imprisonment has nine levels, ranging from Level 9 (which equates to six months’ imprisonment) to Level 1 (life imprisonment). The Victorian penalty scale also includes a maximum fine that can be imposed with each level of imprisonment (except for Level 1 life imprisonment).

Here are some examples of offences ranked according to the penalty scale. 

Level

Maximum term

Sample offences

Level 1

Life imprisonment

Murder
Trafficking in a drug of dependence (large commercial quantity)

Level 2

25 years

Rape
Sexual penetration of a child under 12 years
Armed robbery
Aggravated burglary
Arson causing death

Level 3

20 years

Manslaughter
Intentionally causing serious injury
Culpable driving causing death

Level 4

15 years

Recklessly causing serious injury
Handling stolen goods
Trafficking in a drug of dependence (not a commercial quantity)
Arson

Level 5

10 years

Threats to kill
Indecent assault
Theft
Negligently causing serious injury
Knowingly possess child pornography

Level 6

5 years

Recklessly causing injury
Possession of a drug of dependence (for the purpose of trafficking)

Level 7

2 years

Going equipped to steal

Level 8

1 year

Cultivation of a narcotic plant (not for the purpose of trafficking)
Possession of a drug of dependence (not for the purpose of trafficking)

Level 9

6 months

Concealing the birth of a child

 

 

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