Turning a blind eye exists in the event of a subjective suspicion that the circumstance exists. But even objective circumstances that would have aroused the suspicion of any other person establish a factual presumption that acts in accordance with the defendant's obligation, that these circumstances also aroused his suspicion. This presumption can be contradicted if the defendant proves that he did not have such suspicion in his heart, due to his personal circumstances or his unique circumstances (Criminal Appeal 4089/07 Seif v. State of Israel, at paragraph 30 (May 6, 2010); Criminal Appeal 11699/05 Serpo v. State of Israel, 62(4) 498 (2008), paragraph 4 of the judgment of Justice E. Levy).
- Special intent can be proven by direct testimony or circumstantial evidence, but also by means of the presumption of intent, according to which a person who performs an action is usually aware of the physical nature of his actions and the result that naturally derives from his actions (Kedmi, On Criminal Law, Part III, pp. 1282-1284; Criminal Appeal 10423/07 State of Israel v. Citrine (11 June 2008); Criminal Appeal 8871/05 Shangloff v. State of Israel (March 12, 2007)). This is not an absolute presumption, and it is sufficient for the defendant to raise reasonable doubt as to the evidence that establishes the presumption in order to refute it (Criminal Appeal 10110/03 Gamliel v. State of Israel (December 11, 2006); Criminal Appeal 413/10 Anonymous v. State of Israel (March 23, 2011)).
A special intention can also be proved by means of the expectation rule, according to which even if the perpetrator did not want to achieve any result in his conduct, but there was an expectation with a high probability that the result would indeed be achieved as a result of his conduct, the mental element of intention in the doer exists (Criminal Appeals Authority 9818/01 Biton v. Sultan, IsrSC 59 (6) 554, 570-571. With regard to the applicability of the expectation rule in relation to the offense of aggravated assault under section 329(a)(2), see Criminal Appeal 6019/09 Kilani v. State of Israel, paragraph 5 (March 18, 2010); Criminal Appeal 5492/11 Al-Rahman v. State of Israel, para. 29 (05.08.2012)).