Judge Ruth Spielberg-Cohen of the Magistrate's Court in Kiryat Shmona decided to cancel the conviction of a young 18 boy who pleaded guilty to drug trafficking by means of the Tellegras organization.
The judge believed that the young defendant should be treated as someone who stumbles for the first time in his life, due to erroneous judgment and point of view, and to give him an opportunity to correct his ways.
At the beginning of the new year, he was convicted and convicted of trafficking in dangerous drugs and possession of drugs not for personal consumption.
According to the indictment, the defendant contacted another person through the Telegram application and the Telgras group, and the two agreed that the man would provide him with cannabis along with addresses and phone numbers of potential customers.
After that, the two agreed, the defendant would go to the same people and sell them the cannabis. The payout was agreed to be transferred to that person, and for each transaction he would receive NIS 200 for himself.
Later on, the indictment described two sales performed by the defendant in 2018, with a total weight of 20, for NIS 1,400, and another case in which policemen found a net weight of 42 in cannabis.
As part of the plea bargain he admitted the details, and it was agreed that the state will seek a penalty of maximum monthly 6 service works, while the defendant will claim freely.
The probation service recommended the abolition of the conviction (the so-called "non-conviction"). In the service review, he was described as a young man who was drafted into a combat unit and who wants to volunteer for a combat unit. He is of normative parents, with full maturity, who in recent months has been influenced by certain friends and officials.
It was also noted that he is very motivated, able to look inward and shows responsibility for what he did, and therefore it is better to choose the aspect of rehabilitation rather than harm his future.
The defendant asked to adopt the service recommendations. It was argued that the circumstances of the offense are not serious.
In addition, it was claimed that the young man who cooperated fully, expressed remorse and today understands the implications and seeks to avoid a stain of conviction that will reduce his ability to contribute to the public and the state.
The state, on the other hand, insisted on the severity of the offense of trafficking in general and by means of Telegras in particular, and argued that it is necessary to aggravate and impose prison sentences in order to deter potential offenders.
Judge Spielberg-Cohen clarified that in the circumstances of the case, the defendant proved that the concrete damage to his future soon if his conviction is not overturned disproportionately increases the damage that will be caused to the public interest in the event of the revocation of the conviction.
The judge even mentioned that although the defendant is not a minor but is "on the brink of being minors," he is entitled to a cautious penal approach, which will favorably examine the considerations for rehabilitating him.
The judge also found that the very period of his stay in his home under restrictive conditions and the imposition of a supervisory order in the future constituted not only a therapeutic component but also a punitive and deterrent component for him. "If he does not persevere in the treatment," she added, "it will be possible to aggravate his sentence and even to convict him."
In the judgment The judge noted, "It can not be ignored that the policy of enforcement and punishment of offenses relating to drugs classified as 'minor' undergoes significant changes these days, to the lenient side."
The judge added that in her opinion, the struggle against internet trafficking in drugs should focus on locating and neutralizing the heads of the organizations, who, on the other hand, are accused of "ineffectual factors."
Judge Spielberg-Cohen A paragraph in the past There are often relatively minor punishments against cannabis offenses lightly.
The writer, attorney Anat Noy Perry, Is involved in criminal activity, did not represent the case.