Yes, I've always felt dubious about the principle of scaling punishment on the basis of its consequences. It's always seemed to punish bad luck to an unfair degree. I remember that chap who fell asleep at the wheel a few years ago and somehow managed to cause the Selby train crash. He got five years. If he'd given into sleep a few minutes earlier, there's every chance he might just have veered onto the hard shoulder and gone up the bank. Result? A few points on his licence, maybe. The disparity between those punishments for essentially the same offence has always seemed arbitrary and unfair to me.