The Southern State Attorney’s Office filed an appeal to mitigate the sentence of a defendant who strangled his wife and assaulted her several times

The Southern District Attorney’s Office today (Tuesday) filed in the Beersheba District Court an appeal appeal against the sentence of the defendant, who strangled his wife in the neck, assaulted her on several occasions and caused her injuries, and was sentenced to probation only.

According to the prosecution’s position in the notice of appeal, the defendant should be given a tangible sentence of prolonged actual imprisonment, since a sentence of imprisonment is conditional on the circumstances in which a man turned his wife and mother of children into"Punching bag", May convey the wrong message as a relief in relation to such common behaviors.

According to the facts of the indictment, in which the defendant admitted, during an argument that arose against the background of the complainant’s refusal to give the defendant a sum of money she earned from her work, the defendant assaulted her by punching her, kicking her in the legs, causing her actual injuries. Later that day, the defendant strangled the complainant in the neck, beat and scratched her. Also several months earlier, the defendant had slapped the complainant and punched her. The Magistrate’s Court in Be’er Sheva convicted the defendant in the settlement of two offenses of assaulting a spouse causing actual injury and assault.

The probation service assessed that there is a high risk of recidivism in the field of domestic violence, among other things in light of the defendant’s criminal history of abusing a minor, violence against public employees and more, but recommended the therapeutic procedure. In the case of the defendant, the court set a penalty range between 3 months of suspended imprisonment and 8 months of actual imprisonment, and imposed on him a suspended sentence of 3 months and an undertaking in the amount of NIS 2,000 not to commit offenses against his spouse. Hence the appeal, in which the prosecution asks the district court to intervene in the Magistrate’s Court’s decision, and to impose on the defendant a tangible sentence of prolonged actual imprisonment.

To the position of the State Attorney’s Office in the notice of appeal, "In circumstances where a man turned his wife and mother of his children into"Punching bag" In a manner that infringes on the full autonomy of her body, her right to the integrity of her body, her right to personal security, and her right to her dignity", The punishment e"thin" Launched on Defendant, which boils down to 3 months probation, inevitably carries the potential for a wrong message to potential defendants as implicitly providing relief with respect to such common behaviors. It was also argued in the appeal notice that the mitigating punishment leaves the complainant completely exposed in the future to his patterns of violence in situations where he will experience loss of control due to feelings of jealousy or injury to his dignity.

With respect to the low sentence compound set forth in the Magistrates Court, the notice of appeal stated that "The Honorable Court is requested, as it reflects the values ​​of a company and a designer according to them, to exclude "Bat Kol" Clear and unequivocal p"The accuracy of the appropriate penalty compound, as one that is not summarized in"His floor" In such a mitigating punishment in the form of probation and"Its ceiling" Does not amount to 8 months’ actual imprisonment".

The notice of appeal was filed through Adv"D. Glory Galante of the Southern District Attorney’s Office (criminal). In the Magistrate’s Court, the case was handled by Negev lawsuits in the Israel Police.

Illustration. Photo: Pexels

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