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80 S. African L.J. 152 (1963)
Compulsory Whipping

handle is hein.journals/soaf80 and id is 164 raw text is: 152 THE SOUTH AFRICAN LAW, JOURNAL the witnesses. Accused's counsel then tendered a plea of guilty of negligent driving. This the prosecutor accepted and closed his case. The defence closed its case without calling evidence and no further reference was made to the car that was supposed to have stopped suddenly ahead of accused. It is clear, therefore, that the defence, if it can be called one, was not proceeded with, i.e. it was abandoned. I submit further, with respect, that it was wrong for the learned judge to have said that the case made for the appellant was that he had travelled too close to the car ahead of him which had suddenly stopped and that the fact that the prosecutor accepted the plea of negligent driving was a clear indication that the State was not in a position to rebut that suggestion. It seems to me that the prosecutor rebutted the ex pare suggestion, made from the bar, as to the cause of the collision. Yours etc., N. B. COMPULSORY WHIPPING Dear Sirs, In the August, 1962, issue of the South African Law Journal (p. 336), I. T. Rhenius refers to the provisions of section 344 ter. (2) of the Criminal Procedure Act, 1955, which provides that, not- withstanding that the imposition of a sentence of whipping is in certain circumstances compulsory, it need not be imposed if the convicted person is proved to have been sentenced previously to-a whipping other than a whipping imposed upon him as a juvenile; and to the provisions of rule 1 (a) of the Rules contained in the Fifth Schedule of the Act which must in terms of section 303 ter. (1) be observed by the court when taking previous convictions into account in imposing sentence on a person convicted by it. He then poses the question: 'What happens when the accused was previously sentenced to receive strokes as an adult but that sentence is over ten years old?' After some argument he comes to the conclusion that 'Although a conviction over ten years old has ordinarily to be ignored when considering what sentence is to be imposed, if the prisoner has received strokes once then he need not be sentenced to receive strokes again even if the previous strokes were imposed twenty years previ- ously. In other words, section 344 ter. (2) should be regarded as modifying the provisions of rule 1 (a) of the Fifth Schedule.' He thereupon suggests that all doubt in the matter could be removed by the insertion of the words 'against him' after the words 'taken into account' in rule 1 (a). No fault can be found with the result of this reasoning but it is

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