JB/098/029/002

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31
C
Of Co-offenders
Quest. II

Why among Co-offenders each is made punishable a justification extending to applying to the
perpetrator extends not to the instigator?

Reasons

Because the mischief of the 2d order remains the same.

Because though the justification outweighs the primary
mischief of the transaction; yet the secondary mischief if so
much of it as original, to wit the instigation
is same as if there were no justification in
this case. It appears that such or such a person was ready endeavoured
to have conceived bring about such or such an
act, although he looked upon it as criminal. It
proved eventually not to be so: but this was more than
he had any notion of. Should any other crime
of the like sort come in his way in future there is
the same reason for supposing that he will embark
in it there would have been had that
in question been also criminal.

It is evident that the case here supposed is
strictly speaking, that of an attempt: which miscarries
though in a very particular way. It The
attempt succeeds as far as concerns the production
of the event intended: but not it miscarries in
as far as concerns the production of an obnoxious
event; the event in question, owing to some circumstance
of which the instigator was not apprised, proving
not to be obnoxious.

Identifier: | JB/098/029/002 "JB/" can not be assigned to a declared number type with value 98.
Date_1		Marginal Summary Numbering	not numbered
Box	098	Main Headings	penal code
Folio number	029	Info in main headings field	of co-offenders
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f31 / f32 / f33 / f34
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] propatria [britannia with shield emblem]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	31637
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