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Last proximate act test

This test has been rejected by most courts as too lenient, Black's Law Dictionary, 7th Edn., p. 887.

Respiciendum est judicanti, ne quid aut durius aut remissius constituatur quam causa deposcit; nec enim aut severitatis aut clementia gloria affectanda est

matter of import to one adjudicating that nothing either more lenient or more severe than the cause itself warrants should be

Rule of lenity

punishments, should resolve the ambiguity in favour of the more lenient punishment, Black's Law Dictionary, 7th Edn., p. 1332.

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