I wasn't saying your argument was wrong. I have bored people for many years pointing out the punishment should be based an the action, not the consequences of the action........in theory.
It was only your example that didn't make sense.......... I didn't realise I had to add my own 'blind corners'.
It will dramatically improve your posts now I know I am supposed to alter them to make sense. ----------------------------------------------------------
The example of the man nodding off is the one I often use, because we can't suggest he only nods off at the wheel when he considers it safe to do so.
It is clear that it is only luck that decides the consequences, and this obviously seems wrong.
However this doesn't mean that any alternative would be better. We need people to decide what luck was involved and even define what luck is. We need to decide the probabilities of any consequences in any given event and how reasonable the actions where. All these things are debatable and open to opinion.
For example, some people might suggest that anyone nodding off should be sentenced as if they killed several people. Some people might argue they should be let off on the grounds of 95% of the time no accident happens.
I personally think that allowing people to decide these things will probably make it more unjust than sentencing people on the consequences of their actions.
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