Case Number

CrimA 7/53

Date Decided

7-31-1953

Decision Type

Appellate

Document Type

Full Opinion

Abstract

The appellant, a nun and a supervisor of an orphanage, was convicted on a number of counts of assaulting children under her care in that she had inflicted corporal punishment upon them for bad behaviour; she was fined IL. 150 and directed to furnish security for good behaviour. It was contended on her behalf that she stood in loco parentis and as such was entitled to inflict such corporal punishment on the children as she considered necessary.

Held: dismissing the appeal:

(a) that the principles of English common law should be applied according to which parents are entitled to inflict corporal punishment upon their children in order to bring them up correctly and teach them discipline;

(b) when parents send their children to a school they delegate this right to the teachers;

(c) both parents and teachers are obliged to exercise the greatest care, and may only inflict punishments which are humane and reasonable and for the sole purpose of correcting the child. They may only use methods of punishment which are not likely to involve danger to life or health;

(d) in the circumstances of this case the punishments inflicted by the appellant in this case were excessive. In view of the previous devoted service of the appellant to children and to the poor, the fine should be remitted, Landau J. dissenting on this point.

Keywords

Criminal Law -- Conviction, Criminal Law -- Sentencing

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