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2)
Ao 177 odd or 1780 odd
2)
Penal Code
Method of treating each head of Offence.
Ch. Form Order
5.⊞ See p.14.
6. I shall state such of the several [circumstances or] sets
of aggravating circumstances that may accompany the act, as
By aggravating circumstances I mean such
have not [in common usage] had the effect of transferring
the offence to a different denomination.
By aggravating circumstances I mean the such
[which] the nature tendency of which is to [enhance] encrease the
mischief [which it is the nature] of the offence [to
[produce]: and consequently to encrease the demand
there is for punishment. I shall examine with in the several instances
respect to any such circumstance the amount of such encrease.
§ 7. I shall state such aggravating circumstances
as have the effect of bestowing transferring the
offence [in question] to a different denomination.
If the offence under those circumstance and their denomination
continues to affect the same class of objects in the same
way quarter and no other as he was such class of objects would be affected is without
those circumstances, it becomes a different genus of the
same order of offences: if it affects them in another any other quarter,
if evidence with the genus adventitious character it thereby acquires not only to constitute a genus, but
coalescing with its original one determines it as to enter
not only into a new under new a distinct name into a
and enters under such name into
a new a separate order: This order which is [of
course] [of consequence] consequently a compound one. In
either of these cases the complex offence thus composed is referred
for further consideration to the head to which it belongs.
7 8. I shall stall such aggravating circumstances as
have the effect of transferring the act offence
not only to a new separate genus or a new separate order of offences
but to a new separate class. When this is the case, it is
because the adventitious circumstances alteration which
it receives from the adventitious circumstances in
question is such as causes it to affect in different an additional
class of objects. It is in this way that and offence There are circumstances for example
against which
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276 |
Penal Code. Method of treating each head of offence |
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Text sheet |
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Jeremy Bentham |
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