That’s quite simply not how the law works. To convict someone of murder, you need a direct causal link between VW’s actions (as opposed to another car company’s actions) and a particular person dying. Statistics games don’t cut it.

Thank you for the lesson, but I never said the man should be guilty of murder. I'm merely stating that since his actions lead to the death or injury of hundreds or thousands of people he should be duly penalised to dissuade future would-be law breakers.

In a case like this maybe statistics do need to play a larger role.

We call that an ex post facto law.