The appropriate punishment area
- After taking into account the social values that were harmed by the commission of the offenses, the customary sentencing policy, and the circumstances related to the commission of the offenses as detailed, and taking into account the considerations of severity and tone that derive from the offenses in their circumstances and the degree of Fisher's guilt, I have found that the following punishment ranges should be determined:
The first event (the "Yair Biton Affair" and the "Night Meeting Affair") - the main punishment of imprisonment, for a period of a few months to nine months, and accompanying punishments. This is due to all the acts described in this incident.
The second event (the "Alon Hassan Affair") – the main punishment is imprisonment, for a period of between one and two and a half years, and related punishments.
External Circumstances for Committing the Offenses – Their Impact on the Location of the Punishment Inside and Outside the Compound
- In a normal situation, after the appropriate punishment range for each of the events of which Fisher was convicted had been determined, we should have resorted, in accordance with Amendment 113 to the Penal Law, to the appropriate punishment for Fisher within the compound, taking into account circumstances unrelated to the commission of the offenses, including his personal and family circumstances.
However, the case before us is far from ordinary. The many and substantial flaws in the conduct of the Department for the Investigation of Police, both in the criminal investigation that preceded the filing of the indictment, and in the conduct of the proceeding after the indictment was filed, necessitate that a significant portion of the sentence be devoted to this issue and its implications for the appropriate punishment for Fischer, even before the appropriate punishment is determined. Before we do so, we will discuss Fischer's personal and family circumstances, which are as stated in all the circumstances that are not related to the commission of the offenses for the purpose of sentencing the appropriate punishment within the compound.