Drunk driving
As an example of this, let's look at driving under the influence.
In NZ, how many times do you have to be caught before doing jail time?
First and 2nd time offenders usually get driving restrictions and fines. Jail time is relatively rare, as far as i can tell.
Is it similar Australia?
What about when a drunk driver crosses the centre line? Would the consequences for the driver be same if he crashes into another car and kills someone?
"Of course not!" you might say.
However, if you think about the actions of driver, they were the same in both scenarios. It was pure BAD LUCK that in one instance there happened to be another car on the road at that very moment!
The JC would suggest that the behaviour, in this case: deciding to drive drunk, should be punished consistently irrespective of the outcome. In this scenario, severely punishing drunk driving, even when no harm has occurred.