JB/071/119/003

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C 15

Of Confinement Reasons

From p. 48. par. 2.

Question lVI

Why the death of the party injured during
the confinement is made a ground of aggravation.

Reasons.

1. Because it increases the mis difficulty of detection
and thereby or otherwise the mischief of the offence, and
the uncertainty of the punishment
See Quest. IV.

2. Nor Because it takes away the possibility
of deliverance and secondary primary compensation:
i.e. that which is due to the party himself who
is the immediate object of the injury.

3. Nor is an extra-ordinary punishment in
this account to be deemed either groundless, and inefficacious
or needless: although the event of the death, were
for aught that appears unintentional and
even not imputable to heedlessness. For a hardship an
injury of this kind however slight has a natural
tendency as every body knows to shorten
life. See above Aggrav. III. Exposition. more especially if attended with any circumstance
of rigour. It may therefore well
happen, that a man may in inflicting on
his adversary an injury of this kind may
secretly take into account the chance it may
afford of hastening his death: at the same time
that no express proof can be of any such intention
can be derived from any particular circumstance in his outward
behaviour or discourse. This therefore seems to be

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Identifier: | JB/071/119/003"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	119	Info in main headings field	of confinement
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f13 / f14 / f15 / f16
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	23522
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