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JB/549/276/001

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This Page Has Not Been Transcribed Yet Penal Code 1
Form
Ch. Order Method of treating each head of Offence.
Lw C.J.C.3.
Under each head of offence the following is the
method I shall pursue.
Definition.
1. I shall give a Definition of the offence: together
with such observations as may appear necessary
to justify or explain it. [the Definition.]
Mischief.
2. I shall state the mischief which it is the nature
of it the offence to produce.
Exemptive circumstances.
By exemptive circumstances
belonging to a
head of offences, I mean
circumstances the affect
of which is

3. I shall state the exemptions several sets of exemptive
circumstances that may accompany belong to it if any that offers
an the sort of thing that by the name

an act known by the name given to the offence in question.
to take the not of the case in which it is
meaning mischievous upon the whole. Such
mischievous; stands are therefore proper to justify
it, the
constitute so many exceptions to any the law which should
marks it out for punishment. They
accordingly in the Lawyers phrase to justify the
act, and on that account may be called circumstances
and may be said to constitute
as cases of justification.
Extenuative circumstances.
4. I shall state the several sets of extenuative
circumstances that may accompany the act: that is By
of circumstances extenuative circumstances I mean such the effect
of which is not to take the act altogether
out of the case in which it is mischievous: but
only to diminish [in a more or less greater or less degree]
the ballance of mischief which it is in the nature of it to
produce: and which on that accord accordingly
with respect to punishment the effect of them is
not to take away altogether but only to diminish the demand there is for it
but only to assess that demand. They do not justify the
act but are proper to be alledged in investigation of the punishment







Identifier: | JB/549/276/001
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549

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276

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Penal Code. Method of treating each head of offence

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001

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Penner

Jeremy Bentham

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Jeremy Bentham

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Jeremy Bentham

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