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<p>1826. <del>Aug<hi rend="superscript">t.</hi></del> Sept<hi rend="superscript">r.</hi> 25.<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Penal Code</head><note>Ch. Aggravations<lb/>
 
&sect;.</note></p>
 
<p>from the application of the correspondent extra<lb/>
 
punishments.  Number of instances suppose in<lb/>
one case, two;  in another, three;  in a third, four;<lb/>
these numbers being so small, proportionally small<lb/>
will be the number of instances capable of being<lb/>
deducted from them by the means proposed or<lb/>
any other means.  But if the extra punishment<lb/>
employed be great rather in show than in sensation,<lb/>
especially if in sensation no real addition<lb/>
be made, let the number of instances of the aggravated<lb/>
case be ever so small, the smallness<lb/>
of it will constitute no objection to the use of<lb/>
the characteristical part of the punishment.<lb/>
It will present itself to the imagination of the<lb/>
public mind in the garb of justice.  It will afford<lb/>
to those who see or hear of it, a sort of<lb/>
vindictive satisfaction for the pain of sympathy<lb/>
produced by the offence:  it will add to the<lb/>
notoriety of the whole case, and contribute to<lb/>
cement the association between the idea of delinquency<lb/>
and the idea of punishment.</p>
<p>Note – the case in which the proportionality<lb/>
between the evil and the offence and the<lb/>
magnitude of the punishment may be conformed<lb/>
to with the least scruple and reserve<lb/>
is that where the punishment is of the pecuniary<lb/>
kind, and it is to that alone that the<lb/>
augmentation applies.</p>
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{{Metadata:{{PAGENAME}}}}{{In_Progress}}

Latest revision as of 03:02, 9 August 2025

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1826. Augt. Septr. 25.
Penal CodeCh. Aggravations
§.

from the application of the correspondent extra
punishments. Number of instances suppose in
one case, two; in another, three; in a third, four;
these numbers being so small, proportionally small
will be the number of instances capable of being
deducted from them by the means proposed or
any other means. But if the extra punishment
employed be great rather in show than in sensation,
especially if in sensation no real addition
be made, let the number of instances of the aggravated
case be ever so small, the smallness
of it will constitute no objection to the use of
the characteristical part of the punishment.
It will present itself to the imagination of the
public mind in the garb of justice. It will afford
to those who see or hear of it, a sort of
vindictive satisfaction for the pain of sympathy
produced by the offence: it will add to the
notoriety of the whole case, and contribute to
cement the association between the idea of delinquency
and the idea of punishment.

Note – the case in which the proportionality
between the evil and the offence and the
magnitude of the punishment may be conformed
to with the least scruple and reserve
is that where the punishment is of the pecuniary
kind, and it is to that alone that the
augmentation applies.


Identifier: | JB/065/053/001"JB/" can not be assigned to a declared number type with value 65.

Date_1

1826-09-25

Marginal Summary Numbering

Box

065

Main Headings

Penal Code

Folio number

053

Info in main headings field

Penal Code

Image

001

Titles

Category

Collectanea

Number of Pages

1

Recto/Verso

recto

Page Numbering

C4

Penner

Watermarks

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

20706

Box Contents

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