Is it really fair that Heath Ledger will more than likely win an award only b/c of the sympathy factor due->?

To his unfortunate death? Before anyone thinks I'm saying anything bad or anti Ledger I will be the first to say that his death was sad & my condolences go out to him his family & to his fans. But having said that i don't think he should be getting an almost automatic award just b/c of the sympathy factor concerning his death. Feel free to agree or disagree as long as it's in a respectful manner.