I'td be in the lower bandit category (the personal gain is significantly less than loss to the other person). The definition of loss is intuitively simple I think: you would have preferred that nothing had happened instead. Vice versa for gains, and then its matter of degrees. With total gain/loss to society scaling the intelligence axis

The stupid man would take down the other without meaning to; he gets nothing out of the event, and he brought significant loss upon his neighbors. The key being that this was without intention; that is, he poses a threat to himself, and everyone around him, by virtue of his normal character.