JB/068/209/002

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1826. July 7
Penal Code. B.1. Justifications. Extenuations. Exemptions. Aggravations.

Introd. Ch XVI
Justification

I. Punishment and other
means of repression groundless
– Proceed so by
1. Consent

II. The evil outweighed
viz. by the good attached
to the establishment of
and exercise given to
tutelary powers: which are
1. Domestic
2. Judicial
3. Military
4. Legislative
5. Administration

Punishment over and
over burthen of
compensation will
be excessive and
needless when that
to for the purpose of
determent that

Example. Cases
where the offender is
in respect of compensation
effectually as
well as legally responsible.
1. ,
2. frauds.

N.B. These are
cases not of for
but for partial exemption.

6. Physical coercedness
i.e. compulsion or 7. restraint.
Ch. XVI

8. The Greater mischief
apprehended from natural causes in case of
non

9. Great mischief from
cases i.e. for
human acts on the part
of some person or
persons.

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Exemption from punishment.
I. The point here :
as in case of Judge-made Law throughout.

II. 1. The law with its
punishment certainly
inefficiencies.
2. Evil of the 2d order
viz. alarm, and danger
of future sinister evil
acts by from the same agent
none.
1. Infamy
2. Insanity
3. Intoxication – in part.
This may operate
as an exemption from
punishment, in law.

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Exemption from burden
of compensation
1. Infamy - not
2. Insanity, not
3. Intoxication, not

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Extenuations

1. Unintentionality as to
the most conclusive result:
but not as to the
act by which it was
produced. Ch XX

2. Unconsciousness as
to circumstance by
which the mischief a
principal part of it
was produced than
unintentionality
as to the mischief.

3. Missupposal:
at the ground that
thereby, if credited
the existence of intentionality
with relation
to the mischievous result
in question, is disproved.

An attempt for example
being made by in the dark time
of the night by a robber
upon a mans house
the occupant fires
a gun which fails
of hitting the robber,
and at the same hits
and kills an innoxious
passenger. Here The
act which it was his
desire to perform was
a justifiable one – namely
that of disabling the
criminal from accomplishing
his criminal purpose,
disabling him
by a wound, mortal or
not mortal as it might
happen. Here was a
full intention to produce
he physical effect but not in those circumstances by which alone it would could be rendered a source of terror to the vicinage.

Identifier: | JB/068/209/002 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-07-07	Marginal Summary Numbering
Box	068	Main Headings	penal code
Folio number	209	Info in main headings field	penal code b. 1 justifications extenuations exemptions aggravations
Image	002	Titles
Category	rudiments sheet (brouillon)	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	22404
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