The Offenses Proven and the Scope of Liability for Them
We will now look at the offenses attributed to the defendant in the indictment and examine whether all of their foundations were met, and then we will examine the scope of the defendant's responsibility in relation to the offenses that were proven, as someone who was in a Mitsubishi and did not take a direct personal part in the fatal shooting at the deceased, which was carried out by the occupants of the Toyota.
As stated, for the acts detailed in the indictment, the following offenses were attributed to the defendant: intentional murder under aggravated circumstances together - an offense under section 301(a)(1) together with section 29 of the Penal Law, 5737-1977 (hereinafter: "the Law"), conspiracy to commit a crime (murder) - an offense under section 499(a) of the law, carrying weapons and ammunition together - an offense under section 144(b) of Risha and Saifa together with section 29 According to the law, destruction of evidence together - an offense of section 242 together with section 29 of the law and obstruction of justice together - an offense of section 244 together with section 29 of the law. In the absence of any dispute as to the fact that the deceased was shot with two different guns, the setting fire to the Toyota with the incendiary materials, and the attempt to hide the Mitsubishi and smuggle it away from the eyes of the police by loading it onto the trailer, there is no difficulty in attributing the offenses of carrying weapons and ammunition together, destroying evidence together, and obstruction of justice together, to all those involved in the criminal plan, each according to his part. Therefore, a slightly more extensive discussion is required only with regard to the offenses of conspiracy and the offense of intentional murder in aggravated circumstances, and these are indeed the two offenses to which there is explicit reference in chapter 10 of the defense's summaries.
In my opinion, there are no real doubts about these two offenses either. If we begin with the offense of murder, then in view of the date of the commission of the offenses, the provisions of the law as drafted after the reform of the offenses of manslaughter, i.e., after Amendment 137 to the Penal Law, apply to the defendant's case. According to the indictment, the defendant is charged with co-commissioning an offense under section 301A(a)(1) of the Law, which is the following formula: