JB/067/210/001

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1825 Sept 11
Penal Code
Ch. 1. affect of body person
(1 §b Homicide
the whole of what is dated in Aug. and Septr

1
Of two offences the
more mischievous should
be the more severely
punished -- applications
of this rule to highway
robbery
A Rule mentioned elsewhere is, that in regard to
punishment, is that as between any two offences of which
it can happen to a man to have the choice i.e. offences
produced by the same motive & favored by the same opportunity
attached to the more mischievous should be the severer punishment.
In the case of those offences which are generally
included under the name of highway robbery or house
robbery & to which it happens at the same time to terminate
in the death of a person other than him or those,
concerned in the robbery. This rule is capable of receiving
several useful applications.

2
Absurdity of
giving attaching
the utmost punishment
to robbery
without homicide
1. In the first place most mischievous & absurd is the
custom according to which the utmost punishment attached
to the predatory part of the offence, when not accompanied
by homicide, is as great as the utmost punishment
attached to it when accompanied by that most
terrific of all adjuncts. It is by the fondness for giving
employment to the punishment of death that this absurdity
has been brought into english practice.

Identifier: | JB/067/210/001 "JB/" can not be assigned to a declared number type with value 67.
Date_1	1825-09-11	Marginal Summary Numbering	1-2
Box	067	Main Headings	penal code
Folio number	210	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	richard doane	Watermarks
Marginals	george bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public	[[notes_public::"preached the whole of what is dated aug. and septr" [note in bentham's hand]]]	ID Number	22043
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