32
NO. 31 OF 2008
- (ii) with not more than 6 strokes if it is proved to the satisfaction of the court that, in the course of committing the offence, hurt was caused to another person; and
- (iii) with not more than 9 strokes if it is proved to the satisfaction of the court that, in the course of committing the offence, hurt was caused to another person and damage was caused to any property; and
- (b) a person who is convicted of a second or subsequent offence under subsection (1) or (2) shall also be punished with caning—
- (i) with not more than 6 strokes if it is proved to the satisfaction of the court that, in the course of committing the offence, damage was caused to any property;
- (ii) with not less than 3 and not more than 12 strokes if it is proved to the satisfaction of the court that, in the course of committing the offence, hurt was caused to another person; and
- (iii) with not less than 4 and not more than 18 strokes if it is proved to the satisfaction of the court that, in the course of committing the offence, hurt was caused to another person and damage was caused to any property.
(4) For the purposes of subsection (2), any person who does any of the acts specified in subsection (1) in connection with a demand for the repayment of a loan to an unlicensed moneylender shall be presumed, until the contrary is proved, to act on behalf of such unlicensed moneylender.
(5) For the purposes of subsection (3), a person is deemed to have caused damage to any property if he does any of the following acts:
- (a) defacing the property by means of any pen, marker or any other delible or indelible substance;
- (b) defacing the property by affixing, posting up or displaying on such property any poster, placard, bill, notice, paper or other document;
- (c) defacing the property through the use of paint, coffee, soya sauce or any other delible or indelible substance;
