JB/068/212/001

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1826. May
Penal CodeRemedies
Ch. Extenuation
Ch. Offence accessary

In general the punishment for the attempt will not
be equal to that for the consummation. But the sole
ground for any difference will be the consideration that
by the consideration of the difference, after the attempt
the criminal might by in a moment of salutary
reflection, be thereby engaged to desist from the enterprize
or relax his exertion in the prosecution of it.

But whereas if in any case it is clear that a by the circumstances
of the case rendered clear that no such relaxation
took place, there will be no reason on that ground for
rendering the punishment for the unconsummated less than
for the consummated offence.

If then in this case there be any reason
for rendering the punishment less for the unconsummated
than for the consummated offence it will be on this
ground to wit the inferiority of the alarm: the
alarm the terror diffused by the offence is not so great
falls considerably short of being as great in the case where
the offence fails of being cons is has been, as above it is not has not been consummated.

In this case the nature a decisive consideration
may be furnished by the nature of the motive: if for
example it be profit by post obit succession
to a mass of property belonging in the hands to the wrongee, and
the mode means of accomplishment chosen for the fulfilment accomplishment employed of the design be a
bullet shot from a gun or pistol: the wrongee is
shot accordingly and drops: the wronger as soon as he has on seeing the intended
victim drop, quits the spot and betakes himself to a distance.

The wrongee after lying for a time between life and death happens to recover: by this recovery no alleviation need be produced in the punishment of the wronger,
for from the attempt thus the motive being as above nothing short of death could have given accomplishment to the corresponding desire. But now, all other
circumstances being the same, let the sole motive having been vengeance or causeless enmity: in this case, though the means employed were such as rendered
death a result equally no less probable suppose than an infliction short of death, yet it may have been that by the inferior affliction that notoriety took place
the desire might
have received equal
satisfaction.

This consideration
too
applies with
particular
force in
the case of
duels.

Identifier: | JB/068/212/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-05	Marginal Summary Numbering	not numbered
Box	068	Main Headings	penal code
Folio number	212	Info in main headings field	penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22407
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