Agree - however: >malice disguised as forgetfulness being unpunished This is kind of a separate issue. If it was malice and proven in court, it will be punish

Agree - however: >malice disguised as forgetfulness being unpunished This is kind of a separate issue. If it was malice and proven in court, it will be punished. If it was malice but couldn't be proven in court, it won't be punished. That's true for anything. We can't entertain the thought of punishment "just in case" it was malice.