JB/098/004/001

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C
Of circumstances influencing the demand for punishment
1
There are four five ways in which a circumstance
may have an influence in any case on the of demand for
1
Criminative cir-
-cumstances
any act punishment. 1. by being one of a certain number
of circumstances which must all concur before
the consequences of the act can involve any that de-
-gree of mischief to which it is thought right to the punishment in question. These may be termed crimina-
-tive circumstances, or circumstances constitutive
of the offence. If any of them be wanting, the Without the punishment in question or a part of it is groundless. To p. 4. at top
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From p. 4. No 1
3. By taking away or outweighing(a) the adding to the neat amount of the mis-
2
Circumstances of
aggravation
justification
-chief of an act which otherwise would upon the whole be already mischievous. These may
be termed justificative or exculpative circumstances; circumstances or grounds circumstances of aggravation justifi-
-cation or exculpation.

4. By adding to the mischief of an act already subtracting in part from that amount
Circumstances of
aggravation causation
mischievous. These may be termed aggravating circumstances; circumstances or aggra- of extenuation
or vation grounds of aggravation.

5. By subtracting from the mischi (a) neat a- taking it away altogether: these may
Circumstances of
extenuation justification
-mount of the mischief of an act which at any rate
be termed circumstances of justification.
is mischievous. These may be termed extenuative circumstances:
circumstances or grounds of aggra extenuation.] To p. 4
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NOTE.
(a) It is to be observed that the
The neat amount of the mischief produced
by any offence may be subtracted from or ta-
-ken away in either of two ways: 1. by subtracting
from or taking away the mischief of the offence: 2dly
by overbalancing it by some greater degree of good.

Identifier: | JB/098/004/001"JB/" can not be assigned to a declared number type with value 98.
Date_1		Marginal Summary Numbering	1-2, 1-2
Box	098	Main Headings	penal code
Folio number	004	Info in main headings field	of circumstances influencing the demand for punishment
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	[[page_numbering::f[1] / f2 / f3 / f4]]
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	31612
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