In our case, those special circumstances do not exist, for which it can be said that the defendants' actions do not express a particularly serious degree of guilt. The opposite is true. The totality of the circumstances of the incident indicates that this was a particularly serious and shocking act of murder. This is a murder that was planned in advance by the defendants, after they coveted the drugs in the deceased's possession, and in order to transfer them to them without paying for them, while placing an unacceptable price tag for human life, which in their eyes is worth less than NIS 4,200. The execution of the evil and inconceivable plan was also carried out in a very cruel way, when during a friendly conversation, taking advantage of the fact that the deceased trusted defendant 1 due to their friendship, the defendants surprised the deceased by blowing a stone to his head, and then attacked him together with great cruelty, ignoring his cries and pleas, and beating him once again after he regained consciousness; Later, they went coldly and calculatedly to a gas station and returned to the scene only to set on fire, with unimaginable cruelty and numbness, the car and the deceased inside, without making sure that it was dead and was set on fire, concentrating only on themselves, wanting to destroy the evidence and prevent the possibility of tying it to the fact.
From all of the above, it emerges that the provisions of the law in its new version, after Amendment 137, do not constitute a lenient law in the case of the defendants, and even according to the law as it is today, the defendants are sentenced to mandatory life imprisonment. Therefore, the defendants must be sentenced in accordance with the old version of the law, according to section 300(a)(2) of the law as drafted at the time the indictment was filed.
III. In conclusion
In light of all of the above, I have determined that it has been proven before us, beyond a reasonable doubt, that all the elements of the offense of intentional murder according to the old version are transferred to Amendment 137 to the Law, and that the provisions of the Law after the amendment do not constitute a lenient law in the case of the defendants; I would recommend to my colleagues that the defendants be convicted of the offense of murder attributed to them in the indictment, under section 300(a)(2) of the Penal Law, as drafted prior to Amendment 137 to the Law.