JB/064/061/001

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GB. 1828. Jany 13
Law Amendment or Penal CodeBIII Propositions Offences separately

1.
Wrongful homicide
what.

2.
Lawful causes, what.

3.
Where consentant,
see title Duelling.

4.
So as intention is
established, the means
matter not.

5.
The intention provisionally
presumed but
may be rebutted.

6.
Act intentional, but
event not – compensation
to post-obituary
representatives,
but punishment
according to intended
effect.

7.
Reasons
1. Evil of 2d. order,
according to evil
intended.
2. Extent capable of
being given to compensation.

8.
Means, showing
event to have been
1. Exclusively intentional.
2. Indiscriminately
intentional.

9.
Motive to be considered
as well as
the means.

10.
Examples. Man
shooting, stabbing,
or poisoning – Motive
prospect of benefit.

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11.
Example 2 Act, introductive
of poison
in food – motive sport.
Effect intended, curable
corporal vexation.
Event, exclusively intentional.

12.
So if effect intended
any other than corporal
vexation.

13.
Co-offenders, who.

14.
Motive love of money.
Species of homicide
affecting person
and property –
offences more maleficent
than if motive
ill will.

15.
Motive love of money,
gradation of maleficence
according to
occasion.

16.
Occasion robbery,
gradation produced
by circumstances
following.
1. Cause assault by
slayer in defence.
Design indiscriminately
intention.
2. Slayer endeavouring
to escape design, indiscriminately
intentional.
3. Slayer endeavouring
to escape design fires
or strikes without
making the demand.
4. Slayer, after disabling
slayee, kills
him from passion.

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17.
Case where slayee
a public functionary.

18.
Means more or less
immediate –
1. Slayer.
2. Instrument.
3. Slayee himself induced
to enter a room
where unarmed madmen
&c. stationed.

19.
So any man by deceptive
information.

20.
Sole motive spent
demand for punishment
less considerable.

21.
Reason – antipathy
raised against slayer.

22.
Numerous degrees of
probability of the act
being followed by Death.

23.
Profit acquired not
a proof of intention.

24.
Example. Son administering medicine
to a father,
husband, to wife &c.

25.
So Commander of
ship wrecked vessel
saved.

26.
So as to guardian,
where ward occupied
in a dangerous occupation.

Identifier: | JB/064/061/001 "JB/" can not be assigned to a declared number type with value 64.
Date_1	1828-01-13	Marginal Summary Numbering	1-26
Box	064	Main Headings	Penal Code
Folio number	061	Info in main headings field	Penal Code
Image	001	Titles
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner		Watermarks
Marginals		Paper Producer
Corrections	George Bentham	Paper Produced in Year
Notes public		ID Number	20415
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