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Then the principle is wholly untenable. You may have edge cases like this where someone acts and you "get lucky" in a manner of speaking, but you're not going to encourage this kind of vigilantism if it requires holding the vigilante strictly liable for knowing the personal history of his target.
I am only holding people liable for the consequences of their actions. If there was minimal or no damage to society, there should not be punishment.
I guess it comes down to a preferrence: which is more important, guilty mind or guilty act?
To stretch our positions to the extreme, in total Guiltmind, a thoughtcrime would be sufficient for prison, while in total Guiltact, the sentence for accidental discharging of a firearm resulting in death would be the same as for a premeditated murder. In Guiltmind, both drunk drivers are equally guilty, and in Guiltact, one is innocent and the other guilty. Guiltact cares if the guy you just choked on the subway was an honors student or literally Hitler. Guiltmind just wants to know what you thought at the time.
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