Preparation Element
Although the element of preparation is one of the components of the "first intent", which embodies the state of mind in which the defendant was subjected, according to the case law, it is a purely physical element, within the framework of which the practical preparations made by the defendant in order to realize his decision to kill the victim are examined, including the preparation of means that may be used by him for this purpose. However, "sometimes the act of preparation and the decision regarding the act of killing will be intertwined, and together they will merge with the act of killing itself, so that there will be no apparent time-out between one and the other... In light of this, it was determined that the element of preparation may be formed in the defendant prior to the act of manslaughter; Adjacent to the act; and even at the time of the act itself" (Criminal Appeal 3239/14 Hamaysa v. State of Israel [published in Nevo] (8 November 2016); See also Criminal Appeal 1310/12 Schwartzman v. State of Israel [published in Nevo] (November 3, 2014); and Y. Kedmi, On Criminal Law, ibid., at p. 1163).
In Criminal Appeal 8328/17 Jaber v. the State of Israel [published in Nevo] (July 28, 2019), it was held regarding the element of preparation:
"In the case law, the position was expressed that its purpose was to teach that the decision to kill was made out of discretion and after thought, and not spontaneously... In my view, the basic purpose of the preparation is to make sure that the striking hand is not the hand of chance or the hand of chance. It should be noted that despite its location under the mental element, it is a clear physical element, which is expressed in actions such as the preparation of the tool used to commit the murder, or the use of the tool in a manner that shows that the defendant had an opportunity to retract his actions and chose not to do so. The preparatory component does not require that it take place a certain time before the act of killing is committed, and it can be expressed in conjunction with the act, and even as an integral part of it."