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<head>Reasons</head> | <head>Reasons</head> | ||
<p>1. Because the case may be that in the state<lb/> | <p>1. Because the case may be that in the state<lb/> | ||
of mind the offender was in, <del>there was all</del> <add><del | of mind the offender was in, <del>there was all</del> <add><del>there was</del> <add>neither the</add> punishment<lb/> | ||
<del>would have been inefficacious</del> in question<lb/> | <del>would have been inefficacious</del> in question<lb/> | ||
nor any other would have had force<lb/> | nor any other would have had force<lb/> | ||
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<p>2. Because the case may be that though there<lb/> | <p>2. Because the case may be that though there<lb/> | ||
was no want of intention with respect to the<lb/> | was no want of intention with respect to the<lb/> | ||
act itself, yet <del>there might have been a want</del> <add>his intention was innocent: <del> | act itself, yet <del>there might have been a want</del> <add>his intention was innocent: <del>inasmuch</del></add><lb/> | ||
<del>of | <del>of consciousness</del> <add>so</add> that though he intended the act<lb/> | ||
he did not intend the damage. There might<lb/> | he did not intend the damage. There might<lb/> | ||
have been <del>a want of consciousness</del> <add>unadvisedness</add> in the case<lb/> | have been <del>a want of consciousness</del> <add>unadvisedness</add> in the case<lb/> | ||
<del>[with respect to some of the material <unclear>in</unclear> <gap/>]</del><lb/> | <del>[with respect to some of the material <unclear>in</unclear> <gap/>]</del><lb/> | ||
or <del>a</del> | or <del>a</del> mis-supposal</p> | ||
<p>3. Because this circumstance detracts from the<lb/> | <p>3. Because this circumstance detracts from the<lb/> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
4 C Of Extenuations — Reasons
Quest. VI
Why intoxication is made a ground of extenuation?
Reasons
1. Because the case may be that in the state
of mind the offender was in, there was all there was <add>neither the punishment
would have been inefficacious in question
nor any other would have had force
enough for the apprehension of it to have acted
on him with effect: in other words that all
punishment would have been inefficacious. See
Introd. Ch. [Cases unmeet &c]
2. Because the case may be that though there
was no want of intention with respect to the
act itself, yet there might have been a want his intention was innocent: inasmuch
of consciousness so that though he intended the act
he did not intend the damage. There might
have been a want of consciousness unadvisedness in the case
[with respect to some of the material in ]
or a mis-supposal
3. Because this circumstance detracts from the
mischief of the act. See Tit. [Proportion &c] The primary mischief indeed
remains unchanged: but the secondary is much
diminished. From a mans doing such or such
a mischief when he is drunk it does not follow that
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Identifier: | JB/071/014/004"JB/" can not be assigned to a declared number type with value 71. |
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071 |
penal code |
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014 |
of extenuations - reasons |
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004 |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield emblem]]] |
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alexander mavrokordatos |
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23417 |
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