See also what has been said in this context in Mordechai Kremnitzer and Khaled Ganaim's book, The Reform of Murder Offenses (2019) in Light of the Basic Principles of Law and Historical and Comparative Research (2020), at p. 265:
"Apathy is equanimity toward the possibility that the outcome will occur, so the apathetic doesn't care if social value is harmed or not. The indifferent does not even prefer the non-occurrence to the occurrence. This lack of preference implies a complete choice for possible harm to the protected value and a full willingness to harm it... This is how the perpetrator demonstrates a far-reaching disregard for the value of human life, which brings him very close to the one who intends to kill."
- As to the defendant's awareness of his actions, awareness of all the elements of the factual basis – the nature of the act, the existence of the circumstances and the possibility of causing the result is required. The case law held that:
"In order to prove a defendant's awareness of the details of the factual element, the 'general presumption of awareness' is used, according to which 'a person is generally aware, of the significance of his conduct, in terms of its physical nature, the existence of its circumstances and the possibility of causing the natural consequences that may arise from it' (S.Z. Feller, Foundations of Penal Law , vol. 1, 542 (1984) (hereinafter: Feller)). With regard to the offenses of manslaughter, it has been held in the past that "where a person commits an act that is objectively likely to cause the death of his victim – while he is aware of all the elements that constitute the factual component of the offense – we are entitled to assume, in the absence of evidence to the contrary, that he was also aware of the fatal result." (Criminal Appeal 6576/23 Amir Barakat v. State of Israel (April 27, 2025)).
- In the case law, circumstantial auxiliary tests were developed to examine the mental element held by the concrete defendant who killed the victim. These circumstantial auxiliary tests are applied in each and every case. In this framework, the circumstances of the incident are examined, such as the manner in which the murder was committed, the nature and location of the injury, the murder weapon, the defendant's previous statements, his behavior before and after the incident, and more. In Criminal Appeal 7709-09-24 Gaber Talai Persegi v. State of Israel (November 30, 2025), the Supreme Court ruled, in the circumstances of the concrete case there, as follows:
"40. The application of the auxiliary tests in the circumstances of the case before us yields a clear conclusion – the appellant intended to cause the death of the deceased. This is a single stabbing, which penetrated the appellant's heart and was not carried out during a struggle or 'circular movement' as alleged...".