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6 C Diss. Breach of Trust.
proof in order that the by the magnitude of the
punishment they may make up what it is
wanting in point of certainty. See Introd. Ch [Proportion &c.]
If the motive be sensual desire
In trusts, respecting person the motive for
breaking them makes no change let it be what it will in the denomination of the offence.
No more it does in offence trusts respecting reputation
or condition. No more does it in private
semi-public or public trusts.
In trusts respecting property if the
motive were that of lucre, (so as the desire does not even be not mismanagement did not display - itself in any of those offences for which there are separate and settled names independent of the circumstance of the trust, such as theft embezzlement and so forth) it confers on the offence
of mismanagement the name of peculation.
This offence has already been treated of aside provided against under
a title of its own among the offences against
property.
Let the object of the trust have
Whatever have been the object (that is the
nature) of the trust, if the motive has been lucre that of
physical desire or that of sport, lucre, ambition,
desire of self-recommendation, private sympathy, party
sympathy or ill will, in any of these cases
it is characterizable by the more general appellation
of corruption. In all these cases except one that
which will be presently of sport
which the offence receives from demand for punishment which <add>as to so much of it as depends upon the nature of the motive is
Identifier: | JB/072/087/002 "JB/" can not be assigned to a declared number type with value 72.
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penal code |
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087 |
breach of trust |
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punishment |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield motif]]] |
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alexander mavrokordatos |
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