Judge Khaled Kabub:
I agree with the rulings and the way my colleague, the judge A. Grosskopf, in his comprehensive, in-depth and thorough opinion. Talk about his bicycle. At the same time, I would like to make a brief comment as follows.
Although I agree with the conclusion on the penal level, I find it necessary to note that in my opinion, the appellant's sentence as determined by us, 18 months imprisonment, is On the Strict Side Considering the acts we have found to convict her and her personal circumstances. In this context, it should be noted that the appellant is an elderly woman, who is dealing with considerable difficulties; And one should not ignore the report of the Probation Service, which recommended punishment that is not tangible because it may worsen her mental and physical condition. In doing so, we have given most priority to the consideration of deterrence, due to its importance in all matters relating to the commission of violent offenses against the helpless (but it is clear that this does not negate punishment that is not behind bars in appropriate cases, and see, for example, Criminal Appeal Sentencing 56688-12-24 Anonymous v. State of Israel [Nevo] (11.06.2025)).
Thus, the appellant's conviction in a long list of cases that do not amount to criminal acts, as well as the sentence imposed on her by the District Court – 60 months imprisonment – express a significant deviation from the letter of the law. It should be emphasized, Because even though such cases evoke many emotions, one should not be captivated by emotion. Those engaged in the work must remember that we are dealing with a criminal law, we must adhere to the facts, as well as the accepted standard of proof (and see my position detailed in my judgment in the matter Binyaminas defined above).
In fact, exaggerated and stringent descriptions, which appear in indictments and later in court rulings, may even harm deterrence Efficient. After all, when the matter is described in a manner that is not faithful to the facts as they are, the recipients of the sentence – that is, those therapists whom the criminal law seeks to deter – do not think that their actions are similar to those about which they have read or heard, and that they should be avoided. They believe that these are much more serious acts. This constitutes a mistake in directing the behavior that is so necessary on this sensitive issue.