Section 335(a)(1) determines that if an offense has been committed under Article 333 "When the offender carries a firearm or a cold weapon, his sentence is double the penalty prescribed for the offense".
The offense of causing grievous bodily harm is intended to ensure the value of human life, bodily integrity, health, personal security and dignity.
- The Factual Basis This offense includes four elements:
(a) the "wounded" in any way;
(b) "wounded" and "wounded"; Defined "wound" In section 3424 to the Penal Law, as "a cut or stab that cuts or breaks off any outer membrane of the body...";
(c) "His friend" means "another";
(d) "Unlawful" refers to circumstances of lack of consent in the execution of the injury
The basic factual requirement in this offense includes the existence of a consequential component. Accordingly, the actual existence of an injury or wound on the body of the injured person as a result of the conduct taken by the injured person is required.
In addition, an aggravating circumstance is required, which is expressed in the fact that the serious injury was committed while the perpetrator of the offense was carrying a weapon (hot or cold).
In this context, see the words of the Supreme Court in a criminal appeal 3834/10 Wahba v. State of Israel, para. 136 (March 6, 2013):
"We are dealing with a consequential offense, the circumstances and factual components of which are obtained by virtue of the combination of the aforesaid sections, and they deal with a situation in which a person causes serious injury to another by his conduct when he carries a firearm or a cold weapon. In this context, it is necessary to prove the existence of a causal, factual and legal connection between his conduct and the said result."
In section 3424 The Penal Law defines "sabotage" and "serious injury" as follows:
"'Injury' - physical pain, illness or impairment, whether permanent or between fetuses;
'Serious injury' - an injury that amounts to a dangerous injury, or that harms or is likely to seriously or permanently harm the health or comfort of the injured person, or that amounts to permanent or severe injury to one of the external or internal organs, membranes or senses."