JB/067/198/001

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1826. May 19.
Penal Code
3.
Ch. Offences by Person
§. — Justifications — Self Defences 8
Self Defence — validity
as justification depends
on the necessity of the
act

The validity of the circumstance, in the character
of an efficient cause of exemption some punishment
will depend in this case upon the necessity of the
act, at any rate in these eyes of the agent, to the
prevention of the attempted endeavoured wrong.
Suppose any mischief beyond what is thus necessary —
as to this mischief, it may appears, at first sight,
at any rate, that the justification has no application.
on another grounds however, the infliction
of some ulterior suffering might not be altogether
9
Whatsoever the
judge may inflict
as a punishment
? is a justification
when inflicted in self defence
without a warrant. Whatsoever suffering with which, it
would have been right for the judge to have produced visited under the name of the intended wrongdoer,
any suffering not succeeding this may be
set down as authorised under the name of justification
Reason. The suffering being supposed not to great to
be afflicted by a judge, at the end of a prosecution and
therefore, in addition to the vexation and expense
unavoidably entailed upon the justification by
the prosecution. He is not suffered aggressor No greater suffering
is brought on the supposed aggressor by the self defending
party, than would have been by the supposition
inflicted on him by the judge: So that, by
the latitude thus given to the plea of self defence, the
aggressor so far from being a sufferer is really a
1
gainor. This will be may be regarded as a case of ultra self defence

Identifier: | JB/067/198/001 "JB/" can not be assigned to a declared number type with value 67.
Date_1	1826-05-19	Marginal Summary Numbering	8-9
Box	067	Main Headings	penal code
Folio number	198	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	a3
Penner	john neal	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22031
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