JB/098/026/002

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20 C

Of Co-offenders

44

Want of consciousness An instigator to be punished only according to the instigation, not according to the perpetration. An aggravation applying to the perpetrator extends not to the instigator who is not conscious of it
Thus if if one man suborn or otherwise instigate or suborn another
to commit perpetrate an cri offence, and the instigatee perpetrate
it with under such circumstances as constitute an aggravation,
and it appears clear that the instigator had
no intention that it should be perpetrated in under such
circumstances, let the suborner instigator be punished only as for
the simple offence and the perpetrator alone as
for the aggravated offence. But the standing presumption is
also that the perpetration went according to the instigation:
and if the fact be otherwise, it is incumbent in
the offender to make it out

45

— nor one applying to the instigator, to the perpetrator.
So on the other hand if the suborner an instigator
knows of a circumstance of aggravation be known to the
instigator, and not to the suborner perpetrator, let the instigator
alone be punished as for the aggravation, and not
the perpetrator.

46

An extenuation applying th to the instigator perpetrator extends not to the instigator who is not conscious of it
Thus also with regard to extenuations. If the a
inst man instigate another to perpetuate an offence, and
the instigatee perpetuate it under such circumstances as
constitute an extenuation on his part but apply not
to the instigator, let the perpetrator have the benefit of
the extenuation but not the instigator.

47

Nor one applying to
On the other hand, if the instigator a man
under circumstances that of extenuation instigate another to

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Identifier: | JB/098/026/002 "JB/" can not be assigned to a declared number type with value 98.
Date_1		Marginal Summary Numbering	24-27, 43-47, 39, 40-42, 48
Box	098	Main Headings	penal code
Folio number	026	Info in main headings field	of co-offenders
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f19 / f20 / f21 / f22
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] propatria [britannia with shield emblem]]]
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	31634
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