Murder - a normative framework:
This is the definition of the offense of murder attributed to the defendant:
"300. (a) Whoever causes the death of a person with intent or indifference shall be sentenced to life imprisonment."
In terms of the factual basis, there is no dispute that the defendant was the one who hit the deceased with his car, the "factual causal connection" exists in the sense of turning and turning, and so is the "legal causal connection" in which there is no dispute that one who hits a pedestrian with a heavy vehicle at high speed must anticipate the fatal result.
As for the mental element, the offense of murder attributed to the defendant is accompanied by a mental element of "intent" as defined in section 20(a)(1) of the Penal Law, which reads: "Intent - with the aim of causing the same results"
In view of the inherent difficulty in tracing the depths of the defendant's soul and the secrets of the defendant's heart, and since the intention to kill is a subjective thought that cannot always be proven by direct evidence, the "presumption of intent" was developed in case law. This presumption is a factual-evidentiary presumption based on life experience and common sense, according to which a person is presumed to have the natural and probable consequences arising from his actions (see Criminal Appeal 8577/22 Sergei Yefimov v. State of Israel (April 21,2024); Criminal Appeal 6468/13 Haim Sarfati v. State of Israel (May 3,2015); Yosef Elron, Omer Razin Homicide Offenses: The Law and Case Law (2025)).
The presumption of intent is not an absolute presumption. The defendant has the option of contradicting it and negating its evidentiary power by bringing contradictory evidence, providing a plausible explanation, or presenting a probable alternative conclusion that raises reasonable doubt as to his true intention. However, where the defendant fails to raise a reasonable doubt as stated, the presumption becomes concrete and conclusive evidence that proves that he indeed had the intention to bring about the death of the victim (see Serious Crimes Case (Tel Aviv District) 14098-08-22 State of Israel v. Ashbir Tarkin (9 September 2025); Criminal Appeal 6063/21 State of Israel v. Yassin Yassin (26 March 2024); Criminal Appeal 6304/12 Alexander Safronov v. State of Israel (26 January 2015)).