It’s irrelevant. We’re not talking about an accident. We’re talking about an intent to kill.
Intent must be proved, and depending on the circumstances, can be hard or easy. Using a gun carries with it an assumption of intent - unless you’re hunting or target shooting, your intent can be assumed to not be good. With a car, there are a lot more things you could reasonably be doing, ill intent can’t be assumed.
It’s as good an analogy as any other… It’s wrong to expect an analogy to fit the situation perfectly, because that would not be an analogy, it would be the thing you are talking about. The purpose of an analogy is to compare things that are not identical, but have some similarities.
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Intent must be proved, and depending on the circumstances, can be hard or easy. Using a gun carries with it an assumption of intent - unless you’re hunting or target shooting, your intent can be assumed to not be good. With a car, there are a lot more things you could reasonably be doing, ill intent can’t be assumed.
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It’s as good an analogy as any other… It’s wrong to expect an analogy to fit the situation perfectly, because that would not be an analogy, it would be the thing you are talking about. The purpose of an analogy is to compare things that are not identical, but have some similarities.
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that is literally what the law comes down to.
And I wasn’t talking about this or any other specific case, just attempting to make sure that people understood the general legal concepts.
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