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1827 June 25th
Penal Code
Ch. Offences affecting against person.
§. Justifications
1
Medical practice
where not superseded
(as a justification)
by consent.
2
Case 1. Patient insensible
and cannot
consent.
3
Case 2. Patient
too young for his
consent to be necessary.
4
Case 3 – Consent
obtained by deception
though for with benevolent
purposes
intentions.
5
Self preservation
ground for considering
as a justification
1 Evil of
the 2nd. Order –
small or none. 2
7
Punishment sure
to be inefficient
Exceptions Example
where wrongdoer
puts to death a witness
who might criminate
him.
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Ch. Offences a Oerson.
§. Justifications –Self-defence
In self-preservation
is included self defence.
7
Self-defence validity
as justification
depends on the necessity
of the act.
8
Whatsoever the
Judge may inflict
as a punishment is
a justification when
inflicted in self defence.
9
As to self preservation
at large – The aggressor
produces evil
to another in the
view than the endeavour
to save himself
from it. Here are
grounds for exemption
from punishment
but not from giving
compensation.
10
Lord Bacon's Case.
Two men on a plank
capable of saving
only one. One pushes
the other off punishment
here would be of no avail.
(24)
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Ch. Offences affecting Person.
§.
11
As to exemption
from punishment
the question will be
in the exception be thence
more o less likely to
commit a similar
mischievous act?
Identifier: | JB/064/058/001 "JB/" can not be assigned to a declared number type with value 64.
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1827-06-25 |
1-11 |
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064 |
Penal Code |
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058 |
Penal Code |
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001 |
Ch - Offences against person - Justifications |
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Marginal summary sheet |
1 |
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recto |
C24 |
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20412 |
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