JB/098/004/002

Click Here To Edit

Of circumstances influencing () the demand for punishmt:

Of Criminative circumstances

6

Criminative circumstances must necessarily be different in different offences.
As to criminative circumstances, these are
of the essence of the offence. They will consequen The enumeration of
compose constitute the characteristic of the different the whole assemblage of them is what in each case
offences. It is the of the
constitutes the definitions of such the several each the offerings. They The
will consequently be in a great measure different consideration of them is therefore to be referred to the heads
in the different several titles constituted by the several sorts of offences. To p. 4 No 2

Whether a circumstance be criminative of the number of or by aggravationtive depends on the wording of the Law
From p. 4. No 2 What circumstances shall be deemed
criminative and what aggravatory, will depend
upon the manner in which the definition of
the offence is composed framed. The same circumstance
may either be admitted from into
the definition of an offence or be omitted
out of it. If admitted it will be a criminative
circumstance: if omitted, provided it have a but yet mentioned afterwards
tendency to encrease the mischief, it will be as a circumstance constituting a ground for additional
punishment, a circumstance of aggravation.(a)

NOTE

(a) Thus In like manner the in the case where the
sovereign of a state is put to death by any of his
subjects. If the circumstance of the man's being a sovereign is left out in the definition
of the offence, it is but an act of homicide. a house
for instance is wilfully destroy'd by fire. If the circumstance
of its being done by fire is admitted into the definition
of the offence, institutes a criminative circumstance, giving to the offence it is called the

Identifier: | JB/098/004/002 "JB/" can not be assigned to a declared number type with value 98.
Date_1		Marginal Summary Numbering	1-2, 1-2
Box	098	Main Headings	penal code
Folio number	004	Info in main headings field	of circumstances influencing the demand for punishment
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	[[page_numbering::f[1] / f2 / f3 / f4]]
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	31612
Box Contents