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JB/087/178/003

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§7. OFFENCES Principal & Accessory. Indirect Legislation.

any one is drowned — made Felony by 10 G. 2. 31. §. 8

An Accessory offence is ex inspirato when the connection between
the act & the obnoxious event is so remote from ordinary
perception, that the Agent appears likely not to think
of or at least expect it's happening.

They can scarce
think of the forbidden
act without thinking
of [it as being casually
connected with]
the obnoxious event
as being casually
connected with it.
without thinking it
as possible, tho without
expecting it as possible.

It is ex inconsulto, where the connection tho' obvious
enough to be ordinarily noticed by the agent, yet is not
so intimate and necessary as to afford a conclusive influence inference
from, either the act above alone or the act coupled followed by the
event, to the design.

A Pure or Categorical
or [instead
of ["Hypothetical]
description

An Offence Accessory ex inspirato is [ ] either immediate[ly]
or mediate[ly] or remote[ly].


As the deed of one person may be connected with the Deed
of another person in the way of causality, so may one Deed
of one person with another Deed of the same person having
been accustomed to observe that connection as subsisting
between the Deeds of different persons it is [an] easy
[matter] for us to transfer it in Idea to those of the same.
It is but abstracting the considerations of person in both
instances, & the case is in both the same.

There is an instance where the description of the offence seems to
have been left absolute, from the opinion notion of the impracticability of
ascertaining the fact which otherwise should have formed the
matter of a protective clause; a practise which if at all was
only to be justified where as in the instance in question the
act being at all events mischievous, the protective Clause would
have affected no other difference in point of punishment, than
that of more and less.

N.B. Principals
stand in need of Protective
clauses as well
as Accessories — for
example of the several
Topics of Exemption.


















Identifier: | JB/087/178/003
"JB/" can not be assigned to a declared number type with value 87.

Date_1

Marginal Summary Numbering

Box

087

Main Headings

indirect legislation

Folio number

178

Info in main headings field

offences principal & accessory indirect legislation

Image

003

Titles

Category

copy/fair copy sheet

Number of Pages

2

Recto/Verso

recto

Page Numbering

Penner

Watermarks

[[watermarks::[britannia with shield motif]]]

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

27703

Box Contents

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