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1923 Sept. 13
Penal Code
I. Enactive. II. Expositive.
Stealing
C of Ch. VI. §. 10.
Theft is where a man takes text (a) any thing movable thing(b)
without supposition(c) or pretence(d) of titlee, with the intention
of it to his own use(f) and not being amenable
to him.
1st
II. Expositive
(a) [Takes] – As if also A Example
(b) [Moveable thing] Examples.
III Rationale
(c) [Without Supposition] If the case be that, though in truth the thing did
not at the time belong to him, he believed it to belong to him, the
reason for the extra punishment has no place. The mischief evil of the
2d order is wanting. To other persons there is no danger of his doing
the like again: on the part of other persons there is no apprehension
of his doing the like again. Only by accident and by circumstances
peculiar to the individual case can a man be led to
to regard as belonging to him a movable thing that does not
belong to him. For deterring others no demand for extra punishment
has place.
(d) [pretence of title] If it be in pretence of title, the offence
is fraudulent obtainment or any Fraudateons, not theft.
II. Expositive
(3) [title] For the various several efficient causes of title to the moveable
thing see the Civil Code Ch. [Of Title]. Among the most
obvious efficient causes of title, is consent of the owner, or
of any other person who with the consent actual or presumed
of the owner, has a title right, or title in the eyes of the taker appears
to have a right to give consent to the taking in question
for a purpose known by him or unknown.
Identifier: | JB/067/311/001 "JB/" can not be assigned to a declared number type with value 67.
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penal code |
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311 |
penal code stealing |
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001 |
exposition / rationale / exposition |
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jeremy bentham |
j whatman turkey mill 1822 |
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jonathan blenman |
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1822 |
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