[bhickey]

> One wonders what the rationale for this might be. Certainly, the distinction is unlikely to matter to the victim of a burglary – perhaps the view is that in operating at night, the criminal is somehow cheating, or demonstrating a lack of nerve, and therefore more morally culpable?

A burglar robbing a house at night is more likely to encounter occupants. The law is such to discourage home invasions, accidental or not.

[twic]

A criminal operating at night is less likely to get caught. Making their punishment more severe means the overall risk they face, the product of probability of getting caught and sentence if they do, constant over the whole day.