JB/063/120/002

Click Here To Edit

Why and how far Intention is regarded? 6

a simple Larcencyious act in one case or a bare intent to committ Larceny such an act
in the other — — in this latter there is no punishable Guilt: in the former
to know whether the physical act of ademption was accompanied with by the
Larcenious intent the three collateral acts above specified are [to be] enquired
after. To make this still plainer by a well known example —
When the body of broke open the Edifice occupied by the
Corporation of Physicians: supposing they had taken away with them any
insignia of the Corporation — a Mace for instance — Wh Would this have been [Burglary]
clearly no — & why not? Because they neither would have concealed the Larceny
act of ademption, at the time nor afterwards, the thing taken, nor either before or afterwards
their own persons.

always the intention to do the some physical
obnoxious act: never the
moral motives from whence that
act proceeds.

Thus lastly in Homicide the act of killing without necessity when preceded
by a sudden provocation & an intention of short continuance is Manslaughter: of long continuance
Murder. † † this it will be observed excludes some anomalous
divisions which will be considered
in their proper places a
Chapter of Homicide The absence or presence of provocation the duration of intent
being ascertained, all is ascertained that is necessary: and as in Burglary whether
the property intent of the Criminal in taking or meant attempted to be taken take was intended to the property in question was minister to the his
own private necessities or pleasures of the Criminal or to some man by distributing
it among his friends the poor: or God by distributing it among for the propagation of his own Sect
cannot be known, nor could it, would be to enquired: so neither would it in Homicide
as was observed before in Arson, whether what secret Intention, on one hand interested
or vindictive on the one hand, religious or patriotic on the other,
the Deed.

What has been here said on the subject of intention may serve [I should hope] at
length to elucidate a controversy which, much agitated in the present time in itself obscure, has been involved
in tenfold obscurity by the artifices of some and the passions of all. I mean
that concerning the relevancy of moral intention in a crime not instanced that of Libelling.

☞ 33
Connect this with the next page

Identifier: | JB/063/120/002 "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	120	Info in main headings field	why and how far intention is regarded
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d6
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	20309
Box Contents