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27 March 1826
Penal code General Titles
Ch. III VII. Concatenated VI. Offences inchoate & consummate
Means of repression.
Art. 1. Wheresoever the offence
if carried to the stage of consummation
is made punishable, so should it in both
the anterior stages, to wit, attempt and
preparation: for though, in neither of
these stages is any punishment worthy considerable affliction
produced to the part wronged, yet, is
there an evil of the second order, composed
of danger and alarm to the community
at large.
2. But th in both these
anterior stages, the punishment should
fall short of the punishment allotted
to the same offence, in its ultimate
stage.
Reasons two – 1. The evil
of the second order is not so great
in the case of the inconsummate offence,
as in the case of the consummate.
2. By the difference thus made,
a motive is always afforded to the delinquent
for stopping short before his delinquency
has arrived at the ultimate and most mischievous stage. By
the publick opinion tribunal, this distinction would naturally
stand approved. In the case of the non consummate, the general feeling of antipathy
is not so strong as in the consummate.
Identifier: | JB/068/189/001 "JB/" can not be assigned to a declared number type with value 68.
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john neal |
j whatman turkey mill 1824 |
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jonathan blenman |
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