Although every carrying a weapon is also a possession of it, the opposite conclusion is not necessary, and not everyone who owns a weapon also carries it. Therefore, the legislature defined the presidency as a separate offense, thus increasing the deterrent dimension involved, and even assigned it an individual punitive reward (Criminal Appeal 11068/08 State of Israel v. Amir Sanker (12.07.2010)). In a Criminal Appeal 8416/09 State of Israel v. Harbush (June 9, 2010) the Court addressed the difference between "carrying" and "holding", and clarified that Section 144(a) Talking about Possession, and that "The offense of possession of a weapon imposes criminal liability on a person who possesses and possesses a weapon without a permit - this by virtue of the possession of a weapon, and even if it is not actively used". On the other hand Section 144(b) Talking about Carrying And that - "In order to formulate the offense, it is therefore necessary to carry the weapon, an element that must be interpreted in its accepted linguistic meaning - i.e., one who holds a weapon, on his body or within his reach, so that he can make immediate use of it when he wishes to do so, as he is a bearer of a weapon as stated in section 144(b) of the Penal Law". So yes, It is required that the defendant's physical connection to the weapon be close and immediate, so that he carries the weapon himself or "that the weapon is within his reach," and in this way the element of "carrying" has been expanded to some extent "to situations in which there is no real difference between it and carrying."
169 Alongside the aforesaid, a mental element of criminal thought is required. These preventive offenses, which are intended to prevent the creation of the conditions for the formation of the dangerous situation, require awareness of the relevant conditions (awareness of behavior and awareness of the circumstances). The components of awareness of behavior and awareness of circumstances can be proved by the presumption of intentional blindness.
- In our case, it was proven beyond a reasonable doubt that the defendant fired at the complainant while he was carrying a weapon capable of firing bullets, which have the power to kill a person, and with which he fired at the complainant twice, when a 9 mm bullet penetrated his body. The defendant confirmed that he did not have a license to carry a weapon (p. 620 of the protégé). As stated, the defendant was aware of his actions and the circumstances in which he carried the weapon and even used it.
- On the basis of the aforesaid, I determine that the elements of the offense of carrying and transporting a weapon illegally existed in relation to the defendant, and therefore he should be convicted of this offense.
Obstruction of justice
- Article 244 The Penal Law provides as follows:
"Whoever does something with the intention of preventing or impeding a judicial proceeding or bringing about a miscarriage of justice, whether by thwarting the summons of a witness, or by concealing evidence or in any other way, shall be sentenced to three years' imprisonment; In this regard, a 'judicial proceeding' - including a criminal investigation and the execution of a court order."