I agree it’s a risk. But I think saying it was the _intent_ to shoot them in the head (as per your first comment) is very difficult to argue. Someone could have

I agree it’s a risk. But I think saying it was the _intent_ to shoot them in the head (as per your first comment) is very difficult to argue. Someone could have intended to shoot them in the shoulder. I’m being devils advocate here. If you want to avoid arguing about intent, then you can just punish based on outcome. The argument could be turned. I could intend to shoot you in the head, but miss and hit your shoulder. The intent was to kill you, the outcome was you didn’t die. What now?