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36 C Of Co-offenders
no other foundation than a partnership in guilt.
Upon examination it will be found that the matter of fact is not
less open to evidence than many others concerning which
the Judge must unavoidably be called upon to determine. Diuturnity
and frequency of intercourse are both of them points
very capable of being ascertained.
It may on this occasion be worth considering whether it would not
be proper to extend the extenuation by express words to those tender [+]
[+] attachments which may be of the strongest nature within a period of time comparatively but short may acquire a degree of strength at least equal to that of any other.
Quest. VII
Why near-relationship is no longer deemed a
ground of extenuation, when the circumstance offender
besides harbouring the delinquent had connived at the
offence?
Reasons
Because in this case the harbourer of the offender
appears in the light of an accomplice in the offence.
It appears not only that
This motive instead of being the social one of compassion
turns out to be of a piece with those dissocial
or selfish motives (as they probably were) which led to the
commission of the offence. The nature of the case, without
the need of any express evidence seems here to indicate
a concert from the first: more than a negative complicity: and to win prove
that as the reception given proved eventually an
assistance to the offender, so the expectation of it operated
as an incitement to the offence.
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Identifier: | JB/098/030/002 "JB/" can not be assigned to a declared number type with value 98.
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098 |
penal code |
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030 |
of co-offenders |
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text sheet |
4 |
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recto |
f35 / f36 / f37 / f38 |
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jeremy bentham |
[[watermarks::[monogram] propatria [britannia with shield emblem]]] |
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31638 |
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