Moreover, as will be detailed below, the decision to kill the deceased because of the drugs was in the hearts of the defendants long before they reached the forest; Thus, the claim of "drunkenness" even stands in stark contrast to the defendants' calculated behavior after the incident, as described above, during which they thought about every detail from the moment they went to a gas station to the disappearance of all the objects that connected them to the incident. The aforementioned impression, according to which the defendants were very calculated and "focused" at the time of the incident, is also consistent with the impression that arises from watching the reenactment of defendant 1, how he astonishingly remembered every detail of the event – every stone, every discourse and every step he took on the day of the incident; This impression is not at all appropriate for someone who has been under the influence of drugs and alcohol in a way that impairs his consciousness and judgment.
The Basis of the Decision to Kill
This element is interpreted in case law as encompassing both the defendant's anticipation of the lethal outcome and his desire for its realization, i.e., the existence of an intention to cause the death of the victim, as well as on the rational-intellectual level: anticipation of the possibility of the fatal outcome happening; and on the emotional-emotional level: the defendant's desire for the fatal outcome to be fulfilled (see Y. Kedmi, On the Law in Criminal Justice, Part Three, Updated Edition, 2006, p. 1102).
The ruling on this matter was summarized in criminal appeal 4523/14 Khalili v. State of Israel [published in Nevo] (January 20, 2016):
"In order to prove the basis of the decision to kill, it must be shown that the defendant had the intention to cause the death of the victim on two separate levels. The first level is the rational level, and according to this it must be shown that the defendant foresaw the possibility of the fatal outcome occurring. The second level deals with the defendant's emotional attitude to the outcome, and within the framework of which the defendant's desire for the lethal outcome must be examined...