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Originally Posted by mikhail  Say a man gets out his car at the top of a hill he forgets about the handbrake it rolls down and hits someones fence What should his punishment be?
but what if the car hit and killed a child does this mean he should recieve a harsher punishment?
It seems the mens rea and actus reus (from the actual act) are the same in both but it also seems likely people would call out for a much harder punishments this seems to happen in many different examples for example a drug dealer caught selling and an indenticle drug dealer who sells something someone ODs on. |
A difficult question, but considering that it would hypothetically be an accidental occurence, the outcome should be discerned from the act itself (in terms of retribution). Emotion should not enter into the austere realm of the judicial system, and each crime (or, in this instance, event) weighed objectively.