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Home > Art, Film & Photography > Plunkett's Australian Magistrate; A Guide to the Duties of a Justice of the Peace, with Numerous Forms
Plunkett's Australian Magistrate; A Guide to the Duties of a Justice of the Peace, with Numerous Forms

Plunkett's Australian Magistrate; A Guide to the Duties of a Justice of the Peace, with Numerous Forms


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1860 Excerpt: ...apprehensive of an arrest, flies from the officer of justice, who, in pursuing, kills him, this homicide may amount to murder or manslaughter according to circumstances; for, if the officer, in the heat uf pursuit, and merely in order to overtake the defendant, should strike him with a stick or other weapon not likely to kill, and death should thence result, this will at most be manslaughter, and may amount only to accidental homicide; whereas, if a deadly weapon had been used, it would have been murder. (Id., p. 271). The remark just made seems, indeed, to hold equally true whether the flight took place through fear of arrest in a purely civil proceeding, or on a warrant for a breach of the peace, or any other misdemeanor. Where, however, a felony having been committed, the felon flies from justice, it is the duty of every individual present to use his best endeavour to prevent his escape; and if, in the pursuit, the party flying is killed when he cannot be otherwise overtaken, this will be deemed justifiable homicide; for the pursuit was not barely warrantable, but required by the law, --it being, moreover, the duty of an offender quietly to yield himself up to public justice. See R. v. Dadson, (2 Den. C. C, 35). It may readily be inferred from what has been above said, that on a charge of homicide in resisting a lawful arrest, the guilt of the offender may depend entirely on nice and difficult questions belonging to the civil branch of the law, such as the technical regularity of civil process, or the precise duty of a minister of justice in its execution. In any case of the kind alluded to, three points will be found to deserve especial notice, viz., --the legality of the deceased's authority, (R v. Thompson, 1 Mood. C C, 80), --the legality of the manner


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Product Details
  • ISBN-13: 9781150280504
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 300
  • Spine Width: 16 mm
  • Width: 189 mm
  • ISBN-10: 1150280506
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 540 gr


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Plunkett's Australian Magistrate; A Guide to the Duties of a Justice of the Peace, with Numerous Forms
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