Center for the Defence of the Individual - HCJ 7932/08 - Darar Al-Harub v. Commander of the Military Forces in the Judea and Samaria Area et al. Judgment
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29.12.2009|Judgment|Judgment / Supreme Court

HCJ 7932/08 - Darar Al-Harub v. Commander of the Military Forces in the Judea and Samaria Area et al. Judgment

Judgment in a petition to lighten the sentence of a Palestinian convicted of a deliberate attempt to cause death. The petition is dismissed. The justices reject the petitioners' claim that the fact that security legislation allows the imposition of a life-sentence for a deliberate attempt to cause death - whereas in Israel the maximum penalty for attempted murder is a 20-year prison sentence - contravenes the principle of penal uniformity. The Court holds that "[...] the existence of a discrepancy between the law in the Area and the law in Israel does not, of itself, constitute grounds for judicial intervention and it stems from the various – historical and current – circumstances."

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