Hi Martin, i do not if you know this, but it was considered safe practice to hove too overnight when there was no moon. As ships then had no radar, they relied on moon light nights to see the waves breaking white in the moonlight and that night it was a black moonless night. So yes if Smith had survived he would undoubtedly had gone to prison for a long time, for hazard his vessel causing loss of and causing the deaths of his crew and passengers.