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<head>23.</head> | |||
<head>C</head><!-- centred --> | |||
<!-- first horizontal line of header --> | |||
<head>Simple <add>Corporal Injuries</add> <del>Of <gap/><!-- ...ses ('Causes' I think (as in the previous few) but actually I can only make out the 'ses' at the end) --> Extenuations</del>.</head> | |||
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<p>employed; nor shall it be considered whether a person revolving | |||
<lb/> | |||
the circumstances at his leisure could or could not have | |||
<lb/> | |||
thought of a cheaper means of repelling the attack but whether | |||
<lb/> | |||
any such cheaper means did actually occur to the party at | |||
<lb/> | |||
the itme. | |||
<lb/></p> | |||
<head>Exposition.</head><!-- centre --> | |||
<p>[(A)<!-- (A) in pencil --> Les mischief] As if a man were suddenly to assault | |||
<lb/> | |||
You with a stick at a time that a stout stick and an iron | |||
<lb/> | |||
bar of the same size were both lying within your reach : | |||
<lb/> | |||
where upon snatching up the iron bar you strike him in | |||
<lb/> | |||
such a manner as to give him dangerous bruise or kill | |||
<lb/> | |||
him . In such case unless it sppears that you deliberately took | |||
<lb/> | |||
up the iron bar in preference to the stick intending therewith | |||
<lb/> | |||
to kill him or hurt him more than was necessary , it | |||
<lb/> | |||
shall still be accounted justifiable self-defence | |||
<lb/></p> | |||
<p>[(B)<!-- (B) in pencil --> Uncertain efficacy] As if in the case just mentioned it happened | |||
<lb/> | |||
that you were much weaker than the assailant ; insomuch | |||
<lb/> | |||
that it would have been doubtful whether with the less | |||
<lb/> | |||
powerful weapon of the two, you could have effectually defended | |||
<lb/> | |||
Yourself. | |||
<lb/></p> | |||
23.
C
Simple Corporal Injuries Of Extenuations.
employed; nor shall it be considered whether a person revolving
the circumstances at his leisure could or could not have
thought of a cheaper means of repelling the attack but whether
any such cheaper means did actually occur to the party at
the itme.
Exposition.
[(A) Les mischief] As if a man were suddenly to assault
You with a stick at a time that a stout stick and an iron
bar of the same size were both lying within your reach :
where upon snatching up the iron bar you strike him in
such a manner as to give him dangerous bruise or kill
him . In such case unless it sppears that you deliberately took
up the iron bar in preference to the stick intending therewith
to kill him or hurt him more than was necessary , it
shall still be accounted justifiable self-defence
[(B) Uncertain efficacy] As if in the case just mentioned it happened
that you were much weaker than the assailant ; insomuch
that it would have been doubtful whether with the less
powerful weapon of the two, you could have effectually defended
Yourself.
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Identifier: | JB/071/022/003"JB/" can not be assigned to a declared number type with value 71. |
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not numbered |
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071 |
penal code |
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022 |
simple corporal injuries |
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003 |
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copy/fair copy sheet |
4 |
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recto |
f21 / f22 / f23 / f24 |
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[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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23425 |
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