JB/071/022/002

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22. C Simple Corporal Of Injuries Causes Extenuations

Extenuation Excuse VIII.II Transgression Excuse of Defence.

This Excuse extenuation a branch of that of Provocation. If in the way of defence against an unlawful attack whether
on person or in property a man does more mischief than is necessary
for the purpose of defence, the overplus is an injury: but
it is open to excuse on the ground of provocation. As the provocation
is not only recent, but instant, this is the most favourable
case of provocation. The injury may in this case be said
to be done in transgression excuse of defence.

Allowance to be made for agitation of mind and weakness. In judging whether an attack could by any other means
have been repelled with less mischief(A) to the assailant allowance
is to be made for the agitation of mind under which the
party may be supposed to have been labouring: as also for the
uncertain efficacy(B) of such cheaper means if any as might have been employ'd

Identifier: | JB/071/022/002 "JB/" can not be assigned to a declared number type with value 71.
Date_1		Marginal Summary Numbering	not numbered
Box	071	Main Headings	penal code
Folio number	022	Info in main headings field	simple corporal injuries
Image	002	Titles
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f21 / f22 / f23 / f24
Penner		Watermarks	[[watermarks::[gr with crown motif] propatria [britannia motif]]]
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	23425
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