The notion of a concurrence of the "mens rea" (the guilty mind) and the "actus rea" (the guilty act) would seem to apply here. https://en.wikipedia.org/wiki/Co

The notion of a concurrence of the "mens rea" (the guilty mind) and the "actus rea" (the guilty act) would seem to apply here. https://en.wikipedia.org/wiki/Concurrence https://en.wikipedia.org/wiki/Concurrence A person who did not mean ill warrants different treatment from one who did; but can we ignore their bad behaviour?