JB/071/014/004

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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:
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 -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

Identifier: | JB/071/014/004"JB/" can not be assigned to a declared number type with value 71.
Date_1		Marginal Summary Numbering
Box	071	Main Headings	penal code
Folio number	014	Info in main headings field	of extenuations - reasons
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f1 / f2 / f3 / f4
Penner	jeremy bentham	Watermarks	[[watermarks::s. lay [britannia with shield emblem]]]
Marginals		Paper Producer	alexander mavrokordatos
Corrections		Paper Produced in Year
Notes public		ID Number	23417
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