I agree 100%. We have some stupid laws and some that contradict each other
There is nothing immoral about that, that is basic common sense. If I drive my car 100mph on an empty road I will get a traffic ticket. If I drive my car 100mph on the highway and run into another car and kill someone the charge will be much different as it should be.
Wrong.
The penalty should only be higher if the act was deliberately more risky to others.
Whether or not it randomly resulted in more harm to others is irrelevant and then immoral to change the penalty over.
The penalty for speeding should NOT be higher if a pedestrian suddenly darts out of nowhere and gets hit.
For example, a person on 4th of July fires a weapon into the air.
Almost always it will land harmlessly due to the fact there is so much open space.
But purely randomly, it could accidentally kill someone.
So should the penalty differ depending on result?
Of course not.
The act needing penalty is the firing of the weapon, because no one has any control over where it lands.
If you need a better historical reference to why this is immoral in our legal system, I remember an incident in the movie, "Ben Hur".
The new Roman consul is in a parade through Jerusalem, and to get a better look, Ben Hur's sister leans out over the tile roof.
She accidentally dislodges a tile, it falls, spokes the Roman horse, which then throws and kills the Consul rider.
The whole family then ends up imprisoned for murder.
But the moral of the story is that it is immoral to punish for result, when the act itself was not worth of that punishment.
The point is to differentiate legal punishments intended to deter and reduce risky actions, and abusing legal authority in order to get revenge.