JB/068/089/001

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23. March 1826
Penal CodeCh. 14. Offences affecting person
§. 6. Homicide

Homicide indiscriminately
- sitting, to such mandate
in some place.

Homicide is where, by the act of one person without justificative
another is put to death, one person cause, one person causes or contributes to cause the death
of another.

Justifications are. 1. Judicial Degree.
1. Judicial authority, legally exercised
if exercised by law.
2. Military authority legally exercised.
2. Military Duty.
3. Self-preservation.
3. Medical practice, where preservation
of life is the result endeavoured at.
4. Preservation of other persons more than one.
4. Request of the deceased if sufficiently
proved.

1. Judicial authority, legally exercised.( )
2. Military authority, legally exercised.( )
3. Self-preservation.(3) (c)
4. Preservation of other persons more than one.(4) (d)
5. Medical practice, preservation of life being the end
aimed at.(5)
6. Medical practice, at the request of the deceased
by a less afflictive for self relief or self preservation from an
inevitable more afflictive death.(6)
7. Request of the deceased, if sufficiently proved.(7)
8. Prevention of incurable bodily harm to person viz. 1. disfigurement, 2. disablement, 3. Mutilation.
9. Prevention of rape – or any other crime for which the
penalty is equal.

Rationale Ratiocinative.

(3) Reasons 1. Evil of the second order, none. 2. Punishment
useless, even were it mortal: no person would submitt
to instant death, to save himself from future contingent
death.

(4) (5) (6) (7) Reasons. 1. Evil of the first order lessened. 2. evil of the
second order, none.

Note that what on the occasion Assumed it is
in those cases that the matter of the justification is rendered
sufficiently evidenced: against the false pretence
of it the Judge will be on his guard. (7) In this case, it
must be sufficiently clear that the desire expressed had not,
at the time of the act
been changed. In⊞
⊞ a challenge to fight
with mortal deadly weapons
a request to this effect
is included. See Ch. III
§. 3 Challenging to fight.

Expositive

(c) Example – Shipwreck.
Slayee is clinging
to a board, capable of
saving not more than
one, slayer beats him
off and takes his place.

(3) Example – Slayee with
lighted torch or candle, with
or without mischievous intention
is on the point of entering
a room where two persons are
with gunpowder in quantity
sufficient for producing death
by the explosion, and some of
it uncovered. Time for warning
none. Slayer, knowing this,
and having at hand a loaded
musquet firelock, shoots him.

Identifier: | JB/068/089/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-03-23	Marginal Summary Numbering	4
Box	068	Main Headings	penal code
Folio number	089	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e3
Penner	john neal	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections	jeremy bentham	Paper Produced in Year	1824
Notes public		ID Number	22284
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