According to the amended indictment, the two drank alcohol together with another friend and then got into the car. Ali Sa’ida, who was driving the vehicle while under the influence of alcohol, ran a red light at an intersection and turned left, blocking the path of a motorcyclist who was approaching the intersection on a green light and collided with him forcefully. As a result of the impact, the motorcyclist was thrown onto the road and pronounced dead at the scene.
After the accident, the two defendants exited the vehicle, left the scene, and did not call for help, even though they knew the motorcyclist was severely injured. Only later did the driver himself go to receive medical treatment.
The first defendant was convicted after admitting to an amended indictment for the offenses of negligent homicide, hit-and-run, driving under the influence, and disregarding a red light. The second defendant was convicted of failing to report to rescue services as a passenger in the vehicle involved in the accident.
In its sentencing arguments, the prosecution, represented by Adv. Basel Sa’adi, emphasized the severity of the actions and stated that this incident embodies one of the most severe violations of the sanctity of life. Adv. Sa’adi further added that given the combination of serious circumstances, including drinking alcohol, reckless driving, disregarding a red light, and entering an intersection without ensuring the road was clear. It was also argued that even after the severe accident, the defendants chose to leave the scene without calling for help, thereby adding insult to injury and violating another fundamental value, the duty of human solidarity and the responsibility to save lives.
Regarding the second defendant, the prosecution stated that he was not a passive passenger but someone who was aware of the consequences of the accident, left the scene with the driver, and did not act to call for rescue services. According to the prosecution, his actions should be seen as an integral part of the chain of abandonment.
The court emphasized the severity of the actions, the grave violation of the sanctity of life, and the need to send a deterrent message regarding fatal road accidents and abandoning victims at the scene. The court also highlighted the severity of the hit-and-run offense, noting that beyond the loss of life, it represents a violation of a fundamental social value of human solidarity, which requires every person not to stand idly by when another’s life is in danger. Abandoning the scene without calling for help was defined as an aggravating circumstance that must be given real expression in sentencing.
The court imposed a sentence of 9 years of actual imprisonment and requested compensation of ₪70,000 for the deceased’s family. The second defendant was sentenced to 10 months imprisonment and 8 months on probation.
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