The post office was established with the aim of serving the public, and harming it constitutes harm to the general public that needs its services. The act of arson, therefore, was intended to damage public property. The defendant's actions caused damage to public property, and naturally the cost of repairing it was at the expense of public money. In these circumstances, the second charge contains the special mental element of the purpose of harming property used by the public.
- In the third charge as well, the defendant acted in accordance with the pattern of action he took in the first and second charges, but this time - in two arenas, in close proximity. The defendant arrived at the two scenes on foot in the early hours of the morning, carrying a backpack containing Molotov cocktails. He first threw three Molotov cocktails at a Bank Leumi branch, and a few minutes later threw three Molotov cocktails at a Mercantile Bank branch. His actions caused Molotov cocktails to explode and catch fire on the front door and on an electrical cabinet at the Bank Leumi branch, as well as a fire in front of the Mercantile Bank branch. The potential damage caused by the defendant's actions was significant, especially in view of the early morning hours in which the acts were committed, and even in light of the fact that the fire at the Bank Leumi branch also caused damage to the electrical cabinet. These planned and timed acts indicate an intention to harm the bank's branches, awareness of the consequences of the acts and the anticipation of these results.
The branches of banks are open to the general public. They serve the public, provide essential services, and play a central role in the life of commerce and the economy. The public nature of bank branches is also learned from the definition of a "public place" in section 3424 of the Penal Law, which refers to "a road, building, place or means of transportation to which the public at that time has the right or permission to access, unconditionally or on condition of payment, and any building or place used at that time for a public or religious gathering or a court sitting in public." According to these criteria, it is clear that banks should be regarded as an asset used by the public. In this case, the defendant did not suffice with throwing Molotov cocktails at one bank branch, but deliberately acted against two different bank branches, during the same night, a few minutes apart from one scene to another. This circumstance indicates his determination and intention to harm bank branches. In these circumstances, the third charge also contains the special mental element of the purpose of damaging property used by the public.
- In the fourth charge, the defendant was charged with section 448(a) of the Penal Law, an alternative that deals with the dispatch of fire with the special intention of damaging state property. The circumstances of the case indicate that the mental element exists. Following the throwing of Molotov cocktails at the two bank branches that night, the defendant continued and walked towards the Magistrate's Court, with additional Molotov cocktails that he had prepared in advance and carried in his bag. When he arrived at the scene, the defendant threw six Molotov cocktails at the checkpoint at the entrance to the courthouse. The bottles shattered and caught fire, causing a fire at the entrance to the courthouse and causing damage. As stated, these circumstances establish the defendant's intention to harm the court, awareness of the consequences of the acts, and anticipation of these results. The Magistrate's Court is an asset of the state and a governmental institution that deserves special protection, and harming it establishes the severe alternative prescribed by law.
- In light of this, and in view of the existence of the definition of "terrorist act" in the first charge, all the elements of the offense of arson and the offense of a terrorist act of arson are met in the defendant's case.
Carrying a weapon
- Section 144(b) of the Penal Law, which deals with weapons offenses, states:
- (b) A person who carries or transports a weapon without a lawful permission to carry or transport it shall be sentenced to ten years' imprisonment. However, if the weapon is a part, accessory or ammunition as stated in subsection (c)(1) or (2), it shall be imprisoned for three years.
On the basic level of fact, carrying a weapon means holding a weapon on the body or within reach, in such a way that it can be used immediately when it wishes to do so. Transporting weapons means moving the weapon from one place to another "not as a weapon but as an object that requires transfer" (Y. Kedmi, On Criminal Law, Part IV (2013), p. 1973).