Hence, the defendant's version of testimony, which is suppressed in itself, does not provide an explanation for the fact that he held the knife for a purpose that is valid for the purposes of his work. After all, at the time the knife was seized during the search of the defendant's body, it was after the defendant, according to him, had returned from his work in the recycling shop (which at the time was ostensibly an explanation for the possession of the knife), and he had already changed his clothes in preparation for his work in the deliveries.
- Therefore, The elements of the offense of unlawful possession of a knife were proven beyond a reasonable doubt, while the defense did not meet the burden of proof of a balance of probabilities that the knife was held for a valid purpose.
Conclusion
- From the totality, after considering the entirety of the evidentiary material presented before us, both testimonies and documents, and considering the arguments of the parties, I have reached the conclusion that the accuser has lifted the burden required by the criminal law to prove what is attributed to the defendant in the indictment.
- Therefore, I am satisfied, and I will also suggest to my colleagues, that the defendant should be convicted of the following offenses: Attempted murder, by Section 305(1) to the Penal Law; Serious injury under aggravated circumstances, by Article 333 Together with Section 335(a)(1) to the Penal Law; Carrying and transporting weapons illegally, by Section 144(b) to the Penal Law; Obstruction of justice, by Article 244 to the Penal Law; Holding a knife or fist for a non-kosher purpose, by Section 186(a) to the Penal Law.
| Yossi Topf, Judge
Presiding Judge |
Judge Oded Maor:
I agree with the result.
Judge Maayan Ben Ari:
| Maayan Ben Ari, Judge |
I agree with the result.
Conclusion
We hereby convict the defendant of the following offenses: attempted murder, under section 305(1) of the Penal Law; Serious injury under aggravated circumstances, under section 333 together with section 335(a)(1) of the Penal Law; Carrying and transporting a weapon illegally, under section 144(b) of the Penal Law; obstruction of justice, under section 244 of the Penal Law; Possession of a knife or fist for a purpose that is not kosher, according to section 186(a) of the Penal Law.