★ Find a new page on our Untranscribed Manuscripts list.
Auto loaded |
No edit summary |
||
| (3 intermediate revisions by 2 users not shown) | |||
| Line 3: | Line 3: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
1825 Sept 11<lb/><head>Penal Code</head><lb/><note>Ch. 1. <gap/> affect of <add>body</add> person<lb/>(1 §b Homicide</note><lb/><gap/> <gap/> the whole of what is dated in <add>Aug. and</add> Sept<add>r</add><p><note><gap/> 1<lb/>Of two offences the<lb/>more mischievous should<lb/>be the more severely<lb/>punished -- applications<lb/>of this rule to highway<lb/>robbery</note><lb/>A Rule mentioned elsewhere <del>is</del>, that in regard to<lb/>punishment, <add>is</add> that as between any two offences of which<lb/>it can happen to a man to have the choice i.e. offences<lb/>produced by the same motive & favored by the same opportunity<lb/><add>attached to</add> the more mischievous should be the severer punishment.<lb/>In the case of those offences which are generally<lb/>included under the name of highway robbery or house<lb/>robbery & to which it happens at the same time to terminate<lb/>in the death of a person other than him or those,<lb/>concerned in the robbery. This rule is capable of receiving<lb/>several useful applications.</p><p><note>2<lb/>Absurdity of<lb/><del>giving</del> attaching<lb/>the utmost punishment<lb/>to robbery<lb/>without homicide</note><lb/>1. In the first place most mischievous & absurd is the<lb/>custom according to which the utmost punishment attached<lb/>to the predatory part of the offence, when not accompanied<lb/>by homicide, is as great as the utmost punishment<lb/>attached to it when accompanied by that most<lb/>terrific of all adjuncts. It is by the fondness for giving<lb/>employment to the punishment of death that this absurdity<lb/>has been brought into english practice.</p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1825 Sept 11
Penal Code
Ch. 1. affect of body person
(1 §b Homicide
the whole of what is dated in Aug. and Septr
1
Of two offences the
more mischievous should
be the more severely
punished -- applications
of this rule to highway
robbery
A Rule mentioned elsewhere is, that in regard to
punishment, is that as between any two offences of which
it can happen to a man to have the choice i.e. offences
produced by the same motive & favored by the same opportunity
attached to the more mischievous should be the severer punishment.
In the case of those offences which are generally
included under the name of highway robbery or house
robbery & to which it happens at the same time to terminate
in the death of a person other than him or those,
concerned in the robbery. This rule is capable of receiving
several useful applications.
2
Absurdity of
giving attaching
the utmost punishment
to robbery
without homicide
1. In the first place most mischievous & absurd is the
custom according to which the utmost punishment attached
to the predatory part of the offence, when not accompanied
by homicide, is as great as the utmost punishment
attached to it when accompanied by that most
terrific of all adjuncts. It is by the fondness for giving
employment to the punishment of death that this absurdity
has been brought into english practice.
|
Identifier: | JB/067/210/001"JB/" can not be assigned to a declared number type with value 67. |
|||
|---|---|---|---|
|
1825-09-11 |
1-2 |
||
|
067 |
penal code |
||
|
210 |
penal code |
||
|
001 |
|||
|
copy/fair copy sheet |
1 |
||
|
recto |
e1 |
||
|
richard doane |
|||
|
[[notes_public::"preached the whole of what is dated aug. and septr" [note in bentham's hand]]] |
22043 |
||
