JB/072/140/003

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Inserenda. 59) Pers. Injuries. Offences praeter-intentional with respect to the personal object

injury done to whereof H. the party hit is the object.
Here then are two injuries: obnoxious acts the one inconsummate done committed
intentionally: the other consummate done committed through inadvertence.
What then should be the punishment for
the complex offence? the obvious answer is, the a
complex punishment composed of the sum of the two punishments
competent to the two competent component offences.

This however tho' the most obvious punishment upon
this view of the case offence, is upon the whole perhaps the perhaps, not in every
instance the most competent. There is a case where it may be
There is a most expedient upon the whole to neglect this discontinuity
want of continuity between the intention and the event, and
to settle the punishment in the same manner as
if the event that happen'd was had been the event intended.
This is where the event that happens affects the
same and no other class of objects and that in the same and no other quarter
as the event intended. The reasons In this there are three
reasons. [This seems best on three accounts.]

1. Because the public mischief that takes place
is really the same that would take place in the
case of an offence against consummated upon the same class of objects
and those attached affected in the same quarter against which
it was levelled. Bearing a grudge to M, I
shoot at him, and missing him, kill H. How is
the transaction regarded looked upon by the public? It is looked
upon as a transaction compleatly murderous. The
intention was murderous, and the event is death.
True it is at the same time that if I if, having shot at
M, I had I hit nobody, I should have been looked upon

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Identifier: | JB/072/140/003 "JB/" can not be assigned to a declared number type with value 72.
Date_1		Marginal Summary Numbering	not numbered
Box	072	Main Headings	penal code
Folio number	140	Info in main headings field	pers: inj:s
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	e57 / e58 / e59 / e60
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] pro patria [with motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	23757
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