Nope. The crime is the same; that of choosing to take someone's life. All of the circumstances of each crime are exactly the same (because I said so) except the victim dies in the first case and doesn't in the second. I say both crimes are as bad as each other. The law says the former is worse.
Remember, myself and Itpro aren't arguing that a jury would have to estimate or guess what the possible outcomes may have been. We are arguing that the outcomes should not be considered at all, only the actions of the criminal.
To do otherwise is a bit like arguing that the bank robber that escapes with £1m in cash should be less harshly punished than the one that escapes with £1.5m. That is quite clearly nonsense.
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