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@cliveo
It is fairer because it is predictable rather than arbitrary. The essense of criminal law is the people must be able to determine in advance whether they are allowed to behave in a particular way or not. As soon as you introduce an arbitrary element, you run the risk of abuse. All very well to say that the "intent" was this or that but if the government has "intent" they should and must express it.
To do otherwise puts us into the position of a dictatorship where we are ruled by the whim of those enforcing the law. These may be benevolent but, on the basis that power corrupts, such benevolence is not likely to last for long.