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16. C Of Excuses Extenuations
looked upon as likely to ensue in consequence of the action
of any of the powers of nature, it is a calamity and
Furnishes matter of justification.
Main Text
An extenuation on this ground may amount to a Justification - If the mischief appear to have been certain and immediate,
and the quantum of it so great as to exceed that of the
mischievous act to do which the party is compelled, the excuse extenuation
may even amount to a justification. In such case the
party is exempt from all punishment: and the burthen
of the damage shall be born in conjunction by him and the party
damnified , in proportion to their circumstances : saving to each of them his remedy against the
author of the compulsion.
- or an exemption. So, if the mischief threatned appear greater (all
circumstances considered) than that of the punishment
belonging to the offence. In such cases the Excuse extenuation is of the
nature of an exemption.
Excuse VI. Influence of Deference to Authority.
From what influence this Excuse extenuation may be derived. It affords some degree of excuse extenuation if the act be
engaged in through the influence of some person in authority:
that is of some person to whom the party owes respect
Identifier: | JB/071/011/004 "JB/" can not be assigned to a declared number type with value 71.
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not numbered |
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071 |
penal code |
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011 |
of extenuations |
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004 |
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copy/fair copy sheet |
4 |
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recto |
f13 / f14 / f15 / f16 |
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[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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23414 |
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