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4. C
Of Injuries to affecting the liberty of loco-motion.
4 Of Unlawful Confinement.
3 .
So with regard to the consequences. So with regard to the consequences . If the case was so
that it particularly concerned the party injured in point of
fortune for instance, or reputation or marriage or preferment ,
to be at a particular time in a particular place; and
the effect of the confinement was to debar him from being
at that time in that place , whereby he suffered in any of
those respects : And it would also concern the offender in
any of those respects to be at a particular time in a particular
place : let him be debarred from being at the time aforesaid
in the place aforesaid.
4
Let these instructions be the more particularly observed
if such hardships were occasioned — particularly if directly intentional. or such prejudicial consequences brought about by design , and in contemplation
of the additional suffering they were calculated to produce:
that is if they were intentional : particularly if they were directly intentional.+ + See Introd. Ch. Of Intentionality .
3. General Rule of construction. In adjusting the punishment to the offence, the turn
of the scale may in this case be against the offender ; so
that if he cannot be made to suffer precisely the same
mischief he may be made to shall suffer a greater rather than a less. The
Identifier: | JB/071/116/004"JB/" can not be assigned to a declared number type with value 71. |
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penal code |
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116 |
of confinement |
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copy/fair copy sheet |
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recto |
f1 / f2 / f3 / f4 |
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[[watermarks::myears [lion with crown emblem]]] |
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caroline fox |
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23519 |
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