CRIME AND JUDGMENT!

A woman was accused of killing her husband, his body was never found but she was sentenced to Prison.
Years after serving her jail term, she found out the man is alive living with another woman.

She went and shot the man several times and he died for real this time around. She was re-arrested for murder of the same person she was initially sentenced to jail for killing him.

QUESTION !
As a judge, will you look at the case as a fresh murder, or will you look at it as a crime she already served jail term for ?

Someone asked me this question, so I thought of bringing it where I can get correct answer from other learned persons.

Provocative act..she would be charge for real muderer.She supposed to quietly reported the case to the Authority,get him arrested, reference the case to the previous charged that led her to jail.All the previous testifier if they were still alive also be charge along..