That's only if you think it's appropriate to build a defense case on mitigating factors and all that other stuff common in western legal and moral arguments. Personally, I think that's irrelevant. Either you committed the crime or you didn't. It doesn't even matter if it was premeditated, a crime of passion or an unintentional yet inevitable outcome of reckless behavior. That's why I also think the punishment for attempted murder and murder should be the same. Why should you get a lower sentence for shooting someone just because you missed a major artery? Why should a drunk driver who hits a telephone pole get a lighter sentence than one who hits a person?