Caselaw

Criminal Case (Be’er Sheva) 29984-08-16 State of Israel v. Muhammad Zoabi - part 74

August 17, 2017
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It cannot be said that the defendant arrived at the meeting point in Beit Kama by chance, at the time when his son Adi and officer Shadi arrived there at exactly the same time with the weapons, which were being transferred to his car.

The conclusion regarding conspiracy is the only one that is required.  A conclusion that there is nothing in the defendant's arguments to contradict it.

Hence, there are elements of conspiracy offenses.

Something else

  1. The defendant's explicit confessions in the framework of the/172 Leading to a conclusion on the matter Execution attributed to him in the indictment, along with additional evidence as aforesaid.

Since this judgment is based in large part on these confessions, although not only on them as detailed above, an evidentiary addition of "something else" is required.

This requirement is fulfilled, in many external evidences that rise to the level of "something extra," and even beyond.

As stated, the defendant's confessions were given to a police investigator, freely and voluntarily (as proven as detailed above), as required by section 12 of the Evidence Ordinance.

When a conviction is based on an external confession of a defendant, there is a need for an evidentiary addition of the type of "something extra" , which is corroborating evidence that is external to the confession itself (see Criminal Appeal 428/72 Ben Lulu v.  State of Israel, IsrSC 28(1), 270).

The nature of the "something" that is required can and will change according to the intrinsic weight of the confession, and the weight and quality of the additional thing that is in the form of evidence that will confirm the content of the confession to some extent, is related to the circumstances of the case.

See Additional Criminal Hearing 3391/95 Ben Ari v.  M.I.  IsrSC 51(2) 377, at p.  448 - "The weight and nature of the 'thing' - which is the only 'objective factor' available to the court to examine the veracity of the defendant's 'subjective' confession - changes according to the basic credibility of the confession in itself..."

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