JB/070/274/002

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MALICIOUS MISCHIEF Damage

The Epithet "malicious" may be introduced with advantage into the depiction of
mischief or destruction because it is malice that constitutes the extent of the reflex mischief - Damage
done through wantonness or in prosecution of sport is commonly trifling — the original
mischief of the 1st order is therefore trifling: and damage done from it is only the dread those motives only not originating from
any permanent & violent active principle, either will cease of itself, or will may be stopped by remonstran
-ces [& representations] or (the perpetrator not being driven to secrecy by the sense of guilt)
be expected when the occasion is over <add>fit is overreceive a compensation — It is damage done with the view design to hurt, damage of which
therefore the indefinite repetition becomes probable, that inspires strikes an alarm which which alarm
originating from the reference of it to that motive; it is that the motive which here constitutes the
essence of the crime.

There might be a distinction made
between Mischief wanton &
X Malicious - Malicious to be
in it's Punishment upon the
footing of Theft; & inexplicable
Wanton to be expiable by satisfaction
to the party injured.
Mischief to be deemed malicious
when accompanied with active
or intended Theft.

It is not here as with Libels defamation, where the motive often is equivocal, & where the offence
produces the same mischief whether the motive be [good or evil] of one kind of of another

to pieces
destroying his manufacture

Difference between where
the damage done appears to be is the principal
object, or only incidental
as in treading down crops
in Hunting where the pursuit
of the Game is the principal

A Jury may here be trusted with the ascertaining the motive & determining accordingly;
because there is no danger of their attributing to a good motive a man
trampling his neighbour's crops & pulling down his buildings, while there is a Law
which upon an injury received supercedes the necessity of having recourse to such
methods of revenge; tho' they may be disposed to connive at his suffering forth neighbour's
conduct in an odious light, where they think the party libelled defamed is in the wrong
but in the wrong in such a kind of way, that the Laws will not afford any
punishment adequate to his misbehaviour

MISCHIEFS MALICIOUS [BR][1]

Identifier: | JB/070/274/002 "JB/" can not be assigned to a declared number type with value 70.
Date_1		Marginal Summary Numbering
Box	070	Main Headings	of laws in general
Folio number	274	Info in main headings field	malicious mischief damage
Image	002	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::l v g propatria [britannia motif]]]
Marginals		Paper Producer	caroline vernon
Corrections		Paper Produced in Year
Notes public		ID Number	23389
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