What's the legal concept?

[MikeO996]

I know this must be law school 101 but have always wondered about the logic of this from a philosophical perspective. I suspect there is a posh Latin term for it, but have never come across it if there is one.
Hypothetically (of course), a) I take a corner too fast whilst on my mobile phone, spin out and hit a lamppost. Police attend I get a fine.
B) I take a corner too fast whilst on my mobile spin out and kill a pedestrian. Police attend, I go to prison.
In both cases my actions and degree of negligence are identical, why is the punishment different?
Obviously the consequence is different, and most people would agree the punishment should be different , but should it be determined by the random outcome rather than intent/negligence? Clearly society demands punishment (or reparation?) but is it logical and fair to put so much weight on chance?

[MikeO996]

agtlaw said:

I've always called it consequence based sentencing.

I think your point is that the quality of driving is the same in either situation postulated - but a custodial sentence is available to the sentencing judge where the offence involves death, but not in the case of careless driving, for example. How can that be just?

Well, have a look at Cooksley (2003) and Richardson (2006?).

http://www.bailii.org/ew/cases/EWCA/Crim/2003/996....

That's helpful, although I was just using a driving offence as an example. This below from your link sort of sums up what I guessed was the answer, I.e. That sentencing is about balancing culpability and outcome, but primarily should be about culpability:

"The Panel believes that new guidelines will help sentencers to strike an appropriate balance between the level of culpability of the offender and the magnitude of the harm resulting from the offence.
The Panel drew up its initial proposals on the basis that the outcome of an offence, including the number of people killed, was relevant to the sentence, but that the primary consideration must always be the culpability of the offender. That was supported by the majority of respondents to our consultation paper, and it remains our view."