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<p>B.1. Ch.5 12</p>
<head>B.I.UL.5</head>
<p>Rule 9. <hi rend="underline">When the act is conclusively<lb/>
 
indicative of a habit such an increase must<lb/>
<p>Rule 9. <hi rend="underline">When the act is conclusively<lb/> indicative of a habit such an increase must<lb/> be given to the punishment as may enable it to<lb/> outweigh the profit not only of the individual<lb/> offence, but of such other like offences as are<lb/> likely to have been committed with impunity<lb/> by the same offender.</hi></p>
be given to the punishment as may enable it to<lb/>
 
outweigh the profit not only of the individual<lb/>
<p>Severe as this conjectural calculation<lb/> may appear it is absolutely necessary in some<lb/> cases, of this kind are <del>crimes <gap/></del> fraudulent crimes<lb/> using false weights <del>and</del><add>or</add> measures and if using<lb/> base coin. If the coiner were only punished<lb/> according to the nature of the single crime<lb/> <del>that he had committ</del> of which he is convicted,<lb/> his fraudulent practice would upon the whole be<lb/> a lucrative one. Punishment would therefore<lb/> be inefficacious if it did not bear a <del><gap/></del><lb/> proportion to the total gain which may be<lb/> supposed to have been derived not from one<lb/> particular act, <add>but</add> from a <gap/> of actions of the<lb/> same kind.</p>
offence, but of such other like offences as are<lb/>
 
likely to have been committed with impunity<lb/>
<p>There may be a few other circumstances<lb/> or considerations which may influence in some small<lb/> degree the demand for punishment, but as the<lb/> propriety of these is either not to demonstrable, or<lb/> not so constant, or the application of them not so<lb/> determinate as that of the <unclear>forging</unclear>, it may be<lb/> doubted whether they <del><gap/></del><add>are</add> worth putting on a level<lb/> with the others.</p>
by the same offender.</hi></p>
 
<p>Severe as this conjectural calculation<lb/>
may appear it is absolutely necessary in some<lb/>  
cases, of this kind are <del>crimes <gap/></del> fraudulent crimes<lb/>
using false weights <del>and</del> <add>or</add> measures and if using<lb/>
base coin. If the coiner were only punished<lb/>
according to the nature of the single crime<lb/>
<del>that he had committ</del> of which he is convicted,<lb/>
his fraudulent practice would upon the whole be<lb/>
a lucrative one. Punishment would therefore<lb/>
be inefficacious if it did not bear a <del>proport</del><lb/>
proportion to the total gain which may be<lb/>
supposed to have been derived not from one<lb/>
particular act, <add>but</add> from a train of actions of the<lb/>
same kind.</p>
<p>There may be a few other circumstances<lb/>
or considerations which may influence in some small<lb/>
degree the demand for punishment, but as the<lb/>
propriety of these is either not to demonstrable, or<lb/>
not so constant, or the application of them not so<lb/>
determinate as that of the foregoing, it may be<lb/>
doubted whether they <del>be</del> <add>are</add> worth putting on a level<lb/>
with the others.</p>
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Revision as of 23:43, 12 November 2021

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B.1. Ch.5 12

Rule 9. When the act is conclusively
indicative of a habit such an increase must
be given to the punishment as may enable it to
outweigh the profit not only of the individual
offence, but of such other like offences as are
likely to have been committed with impunity
by the same offender.

Severe as this conjectural calculation
may appear it is absolutely necessary in some
cases, of this kind are crimes fraudulent crimes
using false weights and or measures and if using
base coin. If the coiner were only punished
according to the nature of the single crime
that he had committ of which he is convicted,
his fraudulent practice would upon the whole be
a lucrative one. Punishment would therefore
be inefficacious if it did not bear a proport
proportion to the total gain which may be
supposed to have been derived not from one
particular act, but from a train of actions of the
same kind.

There may be a few other circumstances
or considerations which may influence in some small
degree the demand for punishment, but as the
propriety of these is either not to demonstrable, or
not so constant, or the application of them not so
determinate as that of the foregoing, it may be
doubted whether they be are worth putting on a level
with the others.


Identifier: | JB/141/014/001"JB/" can not be assigned to a declared number type with value 141.

Date_1

Marginal Summary Numbering

Box

141

Main Headings

rationale of punishment

Folio number

014

Info in main headings field

Image

001

Titles

rule 9

Category

copy/fair copy sheet

Number of Pages

2

Recto/Verso

recto

Page Numbering

f12 / f10

Penner

richard smith

Watermarks

dusautoy & rump 1809

Marginals

Paper Producer

edward collins

Corrections

Paper Produced in Year

1809

Notes public

ID Number

48231

Box Contents

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