JB/063/106/002

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Offenders Principal & Accessory ACCOMPLICES
ACCESSORIES before

Not individual instances
of them

It is the distinctive character of offences Accessory to of Accessories be capable of existing simultaneously: of offences Accessory, not to exist
but in succession.

With respect to the Guilt the intention of the Principal to be omitted not material: the Question
therefore with respect to the intentionality to be omitted.

Principal under exemption

In such cases where there is no intention in the Principal or where the Principal comes
within one of the topics of exemption, the Law calls the Accessory, Principal; confounding
two ideas which for the sake of perspicacity ought to be kept separate: by this means
there is no distinct Idea annexed to the legal import of the term accessory; upon hearing
it, one knows not whether it meant by it, he who procured the deed or he who was
actually did it the actual perpetrator [NB The common Nomenclature is consistent with analogous to my Chapter of Offences
Principal & Accessory]

That Definition of a Principal
That person whose energy it was
that was the most immediate cause of the
obnoxious event

|———|

Simplicity resulting from making the Parliament of Accessories before & Principals equal
In all the extensive denominations of Crimes that is already become the case by means of various Acts
of Parliament; & if one were to form a general rule about the matter that would be
much the approach nearest to truth that should import that there was no difference, than that there was. The
idea that those among the incurring the greater of greater
is & ought to be that all concerned are to undergo the same punishment the whatever it be like to
that is, I mean that if those who can form any judgement at all about the matter, form
that. +

to what is a crime in another
to a Calamity may be innocent: as to a Crime as
to Theft in carrying off by the
command of A. the goods of B,
thinging them to be the goods of

For I
should do injustice to the Law
if I represented it as having enabled man
to form any any judgment at all about
the matter they are left to investigate
at hazard the path of course taken by the Law by the
next of their unasserted untutored/uninstructed reason.

This is not an innovation, established by procedure one after another comparatively recent it is the distinction which it is designed to abolish that are
— & it has been the tendency of other provisions yet more recent to reduce them gradually once more to the same
Like the denying of the proposal what I have proposed is to effect that reduction uniformly and at once.

by the Common Law all the occupying of all these different shares of the same transaction
were included under the one denomination of Felons, and as such, all equally alike suffered Death:
little by little except in the case rare enough at first of their possessing that share of learning, their pretencions
to which were rigorously examined, which was then thought a rational ground for an exception
from the common lot of delinquents. By degree this chance (for at first we see it was but a chance)
was cut off by several Statutes in regard to several crimes from those having

If the reasons for & against being preserving the distinctions hang nearly on an equilibrium (and indeed
I see not how any thing can be soften'd on one side or the other palpably decisive on the question subject
the consideration of simplicity, which if we mean the Laws should be generally understood is every thing, will
form the State in favour of the old Law.

For the establishment of a distinction to be expedient, it is not enough for that distinction to be simply reasonable
in itself, unless it is so far important & the utility so far unequivocal that in virtue of such utility
importance it is of more benefit upon the whole to the system than this of encumbrance by the accession it brings to it;
difference.

OFFENDERS Principal and Accessory. [BR][2 ] Principal exempted | All differences in them Simplicity to be back in

Identifier: | JB/063/106/002 "JB/" can not be assigned to a declared number type with value 63.
Date_1		Marginal Summary Numbering
Box	063	Main Headings	law in general
Folio number	106	Info in main headings field	offenders principal and accessory principal exempted
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	20295
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