In Criminal Appeal 6063/21 State of Israel v. Yassin Yassin (March 26, 2024) (hereinafter: "the Yassin case"), it was held in the context of the presumption of expectation, as follows:
"Thus, with this presumption, the court makes use of the set of circumstantial facts surrounding the incident, in order to establish a presumption as to the defendant's will... The presumption of intention is not an absolute presumption. A defendant has the option of contradicting it if he succeeds in raising a reasonable doubt by presenting a probable alternative conclusion or presenting evidence that contradicts the presumption.. Where a defendant did not raise a reasonable doubt as ahead, the factual presumption becomes a conclusive presumption as to the intention of his actions... Over the years, additional auxiliary tests have been developed in case law as a tool for determining whether the defendant intended to cause the victim's death. Among these, we can enumerate the manner in which the offense was committed; the means used to commit the offense; an exchange of words that were said before the act was committed; the location of the injury to the victim's body; the defendant's behavior before and after the act was committed; And more... However, the case law emphasized that "at the end of the day, the decision on whether or not there was a decision to kill is not a mathematical formula but depends on the totality of the circumstances."
- As for the mental element of indifference, see what was determined in a criminal appeal 1464/21 Artyom Kapustin v. State of Israel (September 11, 2022), and as we read:
"The mental element of indifference is defined in section 20(a) of the Penal Law as equanimity with regard to the possibility of the outcome occurring. The indifferent offender does not care whether the protected value, and in our case, human life, is harmed or not. He acts out of indifference to the possibility of causing death. Therefore, this psychological element expresses a clear contempt and a severe alienation from the value of human life – the one who kills with indifference chooses to act incidentally, or in spite of a violation of social value."