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<head>B.I.UL.5</head> | <head>B.I.UL.5</head> | ||
<p>Rule 9. <hi rend="underline">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.</hi></p> | <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> | ||
<p>Severe as this conjectural calculation may appear it is absolutely necessary in some cases, of this kind are <del>crimes <gap/></del> fraudulent crimes using false weights <del>and</del><add>or</add> measures and if using base coin. If the coiner were only punished according to the nature of the single crime <del>that he had committ</del> 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 <del><gap/></del> proportion to the total gain which may be supposed to have been derived not from one particular act, <add>but</add> from a <gap/> of actions of the same kind.</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<lb/> <del><gap/></del> 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> | ||
<p>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 <unclear>forging</unclear>, it may be doubted whether they <del><gap/></del><add>are</add> worth putting on a level with the others.</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 <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> | ||
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{{Metadata:{{PAGENAME}}}}{{In_Progress}} | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
B.I.UL.5
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 andor 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
proportion to the total gain which may be
supposed to have been derived not from one
particular act, but from a 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 forging, it may be
doubted whether they are worth putting on a level
with the others.
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Identifier: | JB/141/014/001"JB/" can not be assigned to a declared number type with value 141. |
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141 |
rationale of punishment |
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014 |
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001 |
rule 9 |
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copy/fair copy sheet |
2 |
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recto |
f12 / f10 |
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richard smith |
dusautoy & rump 1809 |
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edward collins |
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1809 |
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48231 |
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