Criminal Law Code as at 1st March 2007
the administration of such punishment is an essential element, if it would have been lawful for
the parent, guardian or school-teacher to have administered such punishment himself or herself.
(4) No school-teacher or person acting under authority delegated to him or her by a schoolteacher shall administer corporal punishment upon a female pupil or student.
(5) When administering corporal punishment upon a minor male pupil or student at his or
her school, a school-teacher shall comply with any lawful rules, regulations or administrative
instructions which apply to the administration of corporal punishment at his or her school.
(6) In deciding whether or not any corporal punishment administered upon a minor person
is moderate for the purposes of this section, a court shall take into account the following factors,
in addition to any others that are relevant in the particular case⎯
(a) the nature of the punishment and any instrument used to administer it; and
(b) the degree of force with which the punishment was administered; and
(c) the reason for the administration of the punishment; and
(d) the age, physical condition and sex of the minor person upon whom it was
administered; and
(e) any social attitudes towards the discipline of children which are prevalent in the
community among whom the minor person was living when the punishment was
administered upon the minor person.
242
Purported corporal punishment of spouses unlawful
It shall not be lawful for a person to purport to administer corporal punishment upon his or
her spouse, whatever the nature of their marriage and wherever their marriage may have been
contracted.
PART XI
COMPULSION
243
Requirements for compulsion to be complete defence
(1) Subject to this Part, the fact that a person accused of a crime was subjected to
compulsion when the person did or omitted to do anything that is an essential element of the
crime shall be a complete defence to the charge if⎯
(a) the compulsion consisted of a threat⎯
(i) unlawfully to kill him or her or cause him or her serious bodily injury or to kill
or cause serious bodily injury to some other person; or
(ii) unlawfully to cause him or her financial or proprietary loss;
and
(b) he or she believed on reasonable grounds that implementation of the threat referred to
in paragraph (a) had begun or was imminent; and
(c) the threat referred to in paragraph (a) was not brought about through his or her own
fault; and
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