Originally Posted by mineistaken

Same as everywhere n everything. For example you may speed your car and hit a deer, you may speed a car and hit a man. You would be charged differently, although you may have been just "unlucky".
Or you may be a doctor who mixes up meds by mistake, one can mix up to something not dangerous, another can mix up to something deadly. Second one would be charged more, just because he was "unlucky".
So your argument is strangely stupid here...