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28 March 1826
Penal Code
Ch.
§. Homicide
General Rationalia
In the case of this offence, as well as others,
by different operations, by which this
same effect is produced, one in very different
quantity is produced, in the neighbourhood
and the community at large. Hence
the demand for gradation in the punishment,
all for the application of punishment
in different quantities, to the different
species of delinquency thus distinguished.
Of these distinctions in the punishment,
the use is taking a chance the determination
to produce the evil result being
supposed, taking the chance for causing & dermining
the delinquent to employ the
least less mischievous in preference to the
most more mischievous.
In this respect, between the different
modes, or say species of the offence,
the offence being in all the several case alike consummate
is analogous to that which both
place in other instances, between the
case where the offence is has been consummated &
the case in which it has remained stopped short, at the stage of attempt
or at the stage of preparation.
Identifier: | JB/023/075/002 "JB/" can not be assigned to a declared number type with value 23.
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