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<head>C<lb/><note>C</note> <del>Personal Injuries</del> <sic>Miscell.</sic> <note><sic>Inf:</sic> C</note></head> <p><note>Fixed Intention —<lb/> evidences of.</note></p> <p>There are several circumstances that may make it<lb/>appear plainly that there was a | <head>C<lb/><note>C</note> <del>Personal Injuries</del> <sic>Miscell.</sic> <note><sic>Inf:</sic> C</note></head> <p><note>Fixed Intention —<lb/> evidences of.</note></p> <p>There are several circumstances that may make it<lb/>appear plainly that there was a fixed intention of producing<lb/>the <add>very</add> mischief <del>actually (</del>eventually <del>)</del> produced. As if the<lb/>party injured were at the time of the injury incapable of<lb/>making resistance, <add>insomuch <del>a</del> that</add> <del>and</del> the offender committed the injury<lb/>at his leisure: or if the <add>circumstances <del>situation</del> of the</add> party injured were such as<lb/>gave him an interest <add> — views — or purposes</add> which no other injury but that<lb/>which eventually took place would accomplish: | as<lb/>if <del>the party</del> <add> a man disabled</add> mutilated <add><del>or de</del></add> <del>or</del> to whose own failure of children<lb/> the offender stood next in succession to an estate<lb/>and the organs <del><add>cut off or</add> mutilated</del> <sic>exterpated</sic> or disabled were any<lb/>of the <del><gap/></del> <add> parts necessary to</add> generation; | or <add>as</add> if an <del>musician</del> <add>artist</add> cut off<lb/>the hand of a rival <add>artist</add> <del> musician</del> with whom he was at<lb/> enmity: | or if the <del><gap/></del> offender had been known to <add>have</add> threatened<lb/>the party injured he would serve him in that <add>very</add> manner.<lb/>From circumstances such as these either singly or in conjunction<lb/> it may appear clearly that the mischief<lb/>that happened was the very mischief that was intended.<lb/>But in such cases as where the mischief was done by<lb/>shooting at a distance or by a wound given in a<lb/>scuffle, the event is by no means of itself a conclusive<lb/> evidence of the intention to produce it.</p> <!-- line across the page --> <p><note>2<lb/> Injury <sic>compleatly</sic><lb/> wilful</note></p> <p>An injury is <sic>compleatly</sic> wilful when the<lb/>intention is to produce <add>either</add> the <del>same</del> <add>very</add> mischief which is eventually<lb/> produced or <del>an</del> any mischief which is as bad.<lb/><sic>Qu.</sic> whether one might not speak of an injury half-wilful<lb/>or indirectly wilful</p> <!-- line across the page --> <p><note>3<lb/>Infants — parents<lb/> <sic>finable</sic> for them</note></p> <p>Infants under 14 how punishable for Smuggling —<lb/>Their Parents if they render with them made <sic>pecuniarily</sic><lb/>responsible Code Penal cl XVIII</p> | ||
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C
C Personal Injuries Miscell. Inf: C
Fixed Intention —
evidences of.
There are several circumstances that may make it
appear plainly that there was a fixed intention of producing
the very mischief actually (eventually ) produced. As if the
party injured were at the time of the injury incapable of
making resistance, insomuch a that and the offender committed the injury
at his leisure: or if the circumstances situation of the party injured were such as
gave him an interest — views — or purposes which no other injury but that
which eventually took place would accomplish: | as
if the party a man disabled mutilated or de or to whose own failure of children
the offender stood next in succession to an estate
and the organs cut off or mutilated exterpated or disabled were any
of the parts necessary to generation; | or as if an musician artist cut off
the hand of a rival artist musician with whom he was at
enmity: | or if the offender had been known to have threatened
the party injured he would serve him in that very manner.
From circumstances such as these either singly or in conjunction
it may appear clearly that the mischief
that happened was the very mischief that was intended.
But in such cases as where the mischief was done by
shooting at a distance or by a wound given in a
scuffle, the event is by no means of itself a conclusive
evidence of the intention to produce it.
2
Injury compleatly
wilful
An injury is compleatly wilful when the
intention is to produce either the same very mischief which is eventually
produced or an any mischief which is as bad.
Qu. whether one might not speak of an injury half-wilful
or indirectly wilful
3
Infants — parents
finable for them
Infants under 14 how punishable for Smuggling —
Their Parents if they render with them made pecuniarily
responsible Code Penal cl XVIII
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Identifier: | JB/063/002/003"JB/" can not be assigned to a declared number type with value 63. |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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20191 |
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