JB/072/165/001

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25) Pers:l Inj:s Disabl:t temp.y

Circumstances of extenuation. The foregoing are the cases in which the act in a total
question ought to exemption ought to take place
in which the act in question ought to be totally
exempted from all punishment. There are
other cases in which ought not to operate so as in the
way of exemption, so as to exempt the party altogether from all punishment:
but only in extenuation: so as to exempt
him from a part (be it more or less) of
that punishment which would have been competent
to the act if no ground of exemption
or alleviation had subsisted.

First Let us endeavour to collect these cases.
1st ground of extenuation 1st Where the a ground of exemption was imagined to subsist but falsely. First where a circumstance [necessary to constitute]
which constitutes the ground of an exemption,
happens in fact not to subsist, but yet was believed
to subsist by him who had it subsisted
would have come under the exemption, such a
case may constitute a [case] ground of extenuation.

The reason of this may thus be made appear
[as follows]

What is requisite in this case to be shewn is 1st
why there ought not to be so much punishment
applied where the case circumstance subsists as if it did not subsist.
2d Why at the same time there ought to be some
punishment denounced.

As to the 1st point. Were it absolutely that the belief

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Identifier: | JB/072/165/001 "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	165	Info in main headings field	pers:l inj:s disabl:t tempy
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	e25 / e26 / e27 / e28
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	23782
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