I've had part of this discussion today with a work colleague: under our country's laws a judge (there's no jury) may take into consideration the condition and general being of a victim of a crime when judging the perpetrator. For example an conviction of assault and battery may be higher of the victim was disabled/had a fragile constitution compared to a more "normative" able-bodied person.
My colleague maintained that this was unfair if there is no way the perpetrator realizes the victim's fragility, as it means unequal punishment for equal actions. Specifically he takes issue with the Eggshell Skull rule. In effect his argument seemed to be that what should be judged is the action and intent of the crime itself.
I maintained that is was fair because the judgement should be proportional to the effect caused on the world.
What do other users think?