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1826. May 19
Penal Code
Ch. Offences affectg person
§.
6
12
As to exemption
from punishment
the question will be
will exemptive be
more or less
likely to commit
a similar mischievous
act?
With a view to punishment, a circumstance being
proposed as an efficient cause of justification, or say,
of exemption from punishment, the question for consideration
will always be, supposing the party acquitted
or unprosecuted, will be or will be not, be
the more likely to contribute to the production of
a similar one. If not, it will be clearly a
case for exemption, that is to say, in regard
to punishments. Obligation as to compensation
depending as above upon another circumstance.
If yes > < it may be a case of extenuation, but will
not be a ground an efficient cause for justification, nor ground for
exemption
memo. apply the question concerning self preservation
to the several cases of aggravation to simple
corporal vexation, which are liable to be produced
by an act, which with reference to two or more
of them, or one or more of them in addition to the
simple vexation are liable to be indiscriminately
intentional: to wit — morbification, disfigurement, disablement,
mutilation and homicide.
Identifier: | JB/067/201/001 "JB/" can not be assigned to a declared number type with value 67.
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