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<head> C PR<lb/> Of <del>Justification</del> Sentence</head> <p><del> | <head> C PR<lb/> Of <del>Justification</del> Sentence</head> <p><del>Where there is matter of aggravation, if no<lb/> particular punishment be appointed on account of <lb/>the aggravation</del></p> <!-- start of crossed through section --> <p><note> Aggravation, no<lb/> ground for employing<lb/> a <del>differentiation</del><lb/> <del>of</del> punishment different<lb/> in <hi rend="underline">kind</hi></note></p> <p>15<lb/> On account of aggravation no <del>other</del><lb/> kind of punishment can be added to <del>that</del> those which<lb/> are appointed for the ordinary offence, unless it be<lb/> specially provided. The punishment may <add>be</add> rendered<lb/> severer in degree, but not different in kind. <!-- addition in different ink --> <add>But</add> the<lb/> <add> regular punishment being once set, the Judge may <unclear>consitute</unclear> that, with <unclear>consent</unclear><lb/> of offender <gap/> relative to the particular case circumstances<lb/> of him in the party<lb/> injured &c &c</add> <!-- end of crossed through section --></p> <p><note> Aggravations to be<lb/> <del>punished</del> <add> Sentenced</add> Separately</note></p> <p> 16.<lb/> Where <del> several</del> <add> one or more</add> matters of aggravation concur<lb/> on the same offence, let the Judge specify in<lb/> his sentence <del>how much</del> <add> what part</add> of the punishment he imposes<lb/> on account of each. <!-- additions in different inks --> <add>So with regard<lb/> to excuse Refer this to Procedure.</add></p> <!-- the remainder of the page has been crossed through --> <p><note> In what excuse allow<lb/> punishment<lb/> may be applied<lb/> How it shall be<lb/> where there is matter<lb/> of aggravation. &<lb/> excuse both; <del>and in</del> <add> in case of</add><lb/><del> the excuse <gap/> <lb/> from</del> probity of<lb/> intention, want of<lb/> intention or compulsion.</note></p> <p> 17.<lb/> Where there is matter of excuse on account of <lb/> <del>probity</del> <add>uprightness</add> of intention or want of intention or compulsion<lb/> the Judge is not at liberty to add any<lb/> punishment extraordinary in <hi rend="underline">kind</hi> on account of<lb/> any matter of aggravation: punishment extraordinary<lb/> in <hi rend="underline">degree</hi> he may add or not as he<lb/> thinks proper.</p> <p><note>How, <del>when from</del> <add> in case of</add><lb/> provocation.</note></p><p> 18<lb/> When there is matter of excuse of account of Provocation<lb/> the Judge is at liberty <del>to add</del> on account<lb/> of any matter of aggravation to add or not to add<lb/> as he thinks proper punishment extraordinary in<lb/> kind as well as in degree: to wit in such cases<lb/> and those only in which punishment extraordinary in<lb/> kind is specially provided.</p> | ||
C PR
Of Justification Sentence
Where there is matter of aggravation, if no
particular punishment be appointed on account of
the aggravation
Aggravation, no
ground for employing
a differentiation
of punishment different
in kind
15
On account of aggravation no other
kind of punishment can be added to that those which
are appointed for the ordinary offence, unless it be
specially provided. The punishment may be rendered
severer in degree, but not different in kind. But the
regular punishment being once set, the Judge may consitute that, with consent
of offender relative to the particular case circumstances
of him in the party
injured &c &c
Aggravations to be
punished Sentenced Separately
16.
Where several one or more matters of aggravation concur
on the same offence, let the Judge specify in
his sentence how much what part of the punishment he imposes
on account of each. So with regard
to excuse Refer this to Procedure.
In what excuse allow
punishment
may be applied
How it shall be
where there is matter
of aggravation. &
excuse both; and in in case of
the excuse
from probity of
intention, want of
intention or compulsion.
17.
Where there is matter of excuse on account of
probity uprightness of intention or want of intention or compulsion
the Judge is not at liberty to add any
punishment extraordinary in kind on account of
any matter of aggravation: punishment extraordinary
in degree he may add or not as he
thinks proper.
How, when from in case of
provocation.
18
When there is matter of excuse of account of Provocation
the Judge is at liberty to add on account
of any matter of aggravation to add or not to add
as he thinks proper punishment extraordinary in
kind as well as in degree: to wit in such cases
and those only in which punishment extraordinary in
kind is specially provided.
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Identifier: | JB/057/002/001"JB/" can not be assigned to a declared number type with value 57. |
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15-22 |
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057 |
procedure code |
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002 |
c pr |
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001 |
of sentence |
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text sheet |
2 |
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recto |
f3 / f4 |
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jeremy bentham |
[[watermarks::gr [crown motif]]] |
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18332 |
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