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11<add>th</add> Sept<add>r</add> 1825<p><note>Ch. 1. Offences affect<add>g</add> <add>person</add> body<lb/>(2 §. b. Homicide</note></p><p><note>3<lb/>Gradations of Offences<lb/>when homicide with<lb/>robbery</note><lb/>where death has been <del>the re</del> among the results of a<lb/>predatory enterprise the following are among the gradations<lb/>of which the offence is susceptible in the scale of mischievousness,<lb/>the occasion or opportunity by which the offence<lb/>has been invited being the same.</p><p><note>4<lb/>In a case where death<lb/>not exclusively intentional<lb/>punishment ought not<lb/>to be so great as where<lb/>it was exclusively intentional.</note><lb/>1. | 11<add>th</add> Sept<add>r</add> 1825<p><note>Ch. 1. Offences affect<add>g</add> <add>person</add> body<lb/>(2 §. b. Homicide</note></p><p><note>3<lb/>Gradations of Offences<lb/>when homicide with<lb/>robbery</note><lb/>where death has been <del>the re</del> among the results of a<lb/>predatory enterprise the following are among the gradations<lb/>of which the offence is susceptible in the scale of mischievousness,<lb/>the occasion or opportunity by which the offence<lb/>has been invited being the same.</p><p><note>4<lb/>In a case where death<lb/>not exclusively intentional<lb/>punishment ought not<lb/>to be so great as where<lb/>it was exclusively intentional.</note><lb/>1. In the case where the death has not been the<lb/>consequence of the intention directed exclusively to that end<lb/>the punishment ought not to be so great as in the<lb/>case where it has been <del>the</del> directed to that end: for<lb/>instance, not so great, in the case of a scuffle between the<lb/>robber & the intended robbee: as in the case of firing with<lb/>fire arms without its being necessary to the consummation<lb/>of the predatory offence<del>,</del>: or in the case of poison administered<lb/>for the purpose of a profit expected to be produced<lb/>by the death. Or supposing all circumstances known<lb/>death is not among the sufferings which the vicinity, are<lb/>made apprehensive of, by the catastrophe: a man has<lb/>to give up his property quietly as in the case of an ordinary<lb/>highway robbery, & he is safe.</p> | ||
11th Septr 1825
Ch. 1. Offences affectg person body
(2 §. b. Homicide
3
Gradations of Offences
when homicide with
robbery
where death has been the re among the results of a
predatory enterprise the following are among the gradations
of which the offence is susceptible in the scale of mischievousness,
the occasion or opportunity by which the offence
has been invited being the same.
4
In a case where death
not exclusively intentional
punishment ought not
to be so great as where
it was exclusively intentional.
1. In the case where the death has not been the
consequence of the intention directed exclusively to that end
the punishment ought not to be so great as in the
case where it has been the directed to that end: for
instance, not so great, in the case of a scuffle between the
robber & the intended robbee: as in the case of firing with
fire arms without its being necessary to the consummation
of the predatory offence,: or in the case of poison administered
for the purpose of a profit expected to be produced
by the death. Or supposing all circumstances known
death is not among the sufferings which the vicinity, are
made apprehensive of, by the catastrophe: a man has
to give up his property quietly as in the case of an ordinary
highway robbery, & he is safe.
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Identifier: | JB/067/211/001"JB/" can not be assigned to a declared number type with value 67. |
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1825-09-11 |
3-4 |
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067 |
penal code |
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211 |
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001 |
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copy/fair copy sheet |
1 |
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recto |
e2 |
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richard doane |
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22044 |
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