Caselaw

Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 194

February 15, 2021
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In our case, as noted above with regard to the basis of the decision to kill, the defendants performed a number of physical actions that express the preparation to cause the death of the deceased, from the two aspects to which the law relates ("after he prepared himself to kill him or prepared  a device with which he killed him").

First,  the defendants prepared a "device" for the death of the deceased, in the form of the socks that Defendant 1  had equipped with in advance, with the intention of turning them into weapons after a stone was inserted into them.  The fact that the defendants were not equipped with a  more "typical" or more obvious weapon  (as detailed by defendant 1) does not erode the element of preparation; According to the defendants' plan, the purpose of using the stone inside a sock was to strike the deceased the first blows while taking advantage of the element of surprise, and then the defendants brutally beat the deceased together with their hands and feet, and using stones that were present at the scene, until they believed that he was dead.

In this context,  the defense's arguments that if the defendants had intended in advance to murder the deceased,  not only would they have been armed with a clearly lethal weapon, but also with means to dispose of the body, such as a hoe or incendiary material.  Beyond the fact that it is sufficient to equip a sock to testify to the basis of the preparation,  it should be remembered that the defendants arrived at the scene of the incident in the deceased'  s car, presenting a false representation to him, and it is clear that they could not take a hoe or fuel with them, as opposed to a seemingly innocent item such as a sock.

Second,  the defendants carried out many actions that express the preparations they made in preparation for the execution of their plan to kill the deceased.  As noted, the defendants spoke with each other a few hours before the incident, and made sure that the deceased had no family in Israel and that there was no one to look for him; Before Defendant 2 arrived at the train on his way to Defendant 1's house, he asked Defendant 1 on the phone about "gloves" and "rubber"; Defendant 1 made sure that the deceased came to him alone; They chose an isolated and remote scene; Change their clothes into dark clothes; left their mobile phones in the house of defendant 1, in order to prevent them from being located; And when they saw the gun, they worked hard to take it out of the equation, in order to advance their plan.

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