This witness also noted, Because a few days after the murder, He heard, Because the murder was carried out by stabbing (pp' 240 For the record, Row 2).
- Not only that., The defendant's father is also, Mr. H', He testified by mentioning, Because he did not notice any unusual behavior on the part of the defendant. According to him,, He was abroad"30 On the night of the event. Yes, The day after the murder, He called his son and talked to him, but he didn't feel his words, Something unusual. The same applies to the defendant's day-to-day conduct; He did not notice any different and unusual behavior on the part of his son, After the Event.
"The defendant's cry for innocence":
- During the defendant's testimony before us, He cried out for his innocence, When he said in this language:
"So I'm telling you that I swear to you, now you can bring a polygraph here as well, and I swear to you, I didn't murder the person, I don't know him and I don't know who he is, I didn't have a reason to do these things, I'm not related to this person, God, with God's help, will avenge his death., I'm not attached to this person, I swear to you.. Look at my parents, I can't do it anymore, you came to me from all directions, I can't anymore. I wouldn't have waited a year and a half to come today and say yes, I did, I wouldn't have waited so long and gone through all this suffering. I didn't murder this person, Simona, I swear to you, by God, by my mother and by my father, I swear to you that I didn't do it.." (pp' 569, Lines 26-20).
The Foundations of the Offense of Murder – The Factual and Mental Component and the Question of the Existence of a Motive
- Accordingly Section 300(a)(2) According to the Penal Law, anyone who causes a person with the intention of killing will be charged with murder and sentenced to life imprisonment. The term "first intent" as defined Section 301(a) The law is attributed to a person who decides to kill a person and kills him in cold blood, without being provoked by the act frequently, in circumstances in which he can think and understand the consequences of his actions, and after he has prepared himself to kill him or has prepared a device with which he killed him (see Section 301(a) to the Penal Law). It therefore follows that the prosecution must prove, in the framework of the offense of premeditated murder, the existence of a decision to kill, preparation and the absence of a cantor. None of them existed, and in any case the element of "first intent" required for the offense of murder was not formulated, and the charge may be changed from murder to manslaughter. See for example Criminal Appeal 6167/99 Ben Shlosh v. State of Israel, IsrSC 57 (6), 577 .
Moreover, in order to prove the elements of the offense of murder, there is no requirement to prove a motive for the commission of the offense, this component is not one of the elements of the offense of murder. Proof of the existence of a motive for the execution may be considered circumstantial evidence to prove the decision to kill (see: Criminal Appeal 8867/10 Ali Ghazal v. State of Israel [published in Nevo] (2016)).