JB/057/002/001

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C PR
Of Justification Sentence

Where there is matter of aggravation, if no
particular punishment be appointed on account of
the aggravation

Aggravation, no
ground for employing
a differentiation
of punishment different
in kind

15
On account of aggravation no other
kind of punishment can be added to that those which
are appointed for the ordinary offence, unless it be
specially provided. The punishment may be rendered
severer in degree, but not different in kind. But the
regular punishment being once set, the Judge may consitute that, with consent
of offender relative to the particular case circumstances
of him in the party
injured &c &c

Aggravations to be
punished Sentenced Separately

16.
Where several one or more matters of aggravation concur
on the same offence, let the Judge specify in
his sentence how much what part of the punishment he imposes
on account of each. So with regard
to excuse Refer this to Procedure.

In what excuse allow
punishment
may be applied
How it shall be
where there is matter
of aggravation. &
excuse both; and in in case of
the excuse
from probity of
intention, want of
intention or compulsion.

17.
Where there is matter of excuse on account of
probity uprightness of intention or want of intention or compulsion
the Judge is not at liberty to add any
punishment extraordinary in kind on account of
any matter of aggravation: punishment extraordinary
in degree he may add or not as he
thinks proper.

How, when from in case of
provocation.

18
When there is matter of excuse of account of Provocation
the Judge is at liberty to add on account
of any matter of aggravation to add or not to add
as he thinks proper punishment extraordinary in
kind as well as in degree: to wit in such cases
and those only in which punishment extraordinary in
kind is specially provided.

Identifier: | JB/057/002/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1		Marginal Summary Numbering	15-22
Box	057	Main Headings	procedure code
Folio number	002	Info in main headings field	c pr
Image	001	Titles	of sentence
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	f3 / f4
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	18332
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