Court Awards NIS 51,200 Over False Police Report and Assault

The Dispute at the Store

Amichai supplied baked goods to Daniel's store in Kfar Saba and claimed that Daniel owed him approximately NIS 1,300. On May 9, 1999, when he attempted to collect the debt, Amichai struck the display window, breaking the glass and injuring his hand. The court found that he then entered the car, while Daniel followed him, pounced on him, sat on top of him, and bit him on the hand.

The Reports and Criminal Proceedings

Both parties went to the police, but the case against Daniel was closed. An indictment was filed against Amichai on charges of threats, assault, and willful damage to property in criminal case ת.פ. 2324/00 before the Kfar Saba Magistrate's Court. He was fully acquitted of the threats and assault charges and convicted of willful damage to property based on his admission.

Basis for Civil Liability

The court found that Daniel's conduct constituted assault under Section 23 of the Civil Wrongs Ordinance [New Version]. However, the court noted that merely providing information to a competent authority does not ordinarily constitute the tort of malicious prosecution under Section 60 of the same Ordinance. Knowingly filing a false report may, however, give rise to liability for negligence: a person filing a report must foresee the harm that may be caused to another person by approaching the police with a false report.

Amount of Damages Awarded

The court awarded NIS 23,200 as partial reimbursement of defense expenses in the criminal proceedings because the plaintiff was not acquitted of all charges. An additional NIS 3,000 was awarded for the bite, and NIS 25,000 for the emotional harm caused by the false report. The claim for compensation for lost workdays was rejected due to the absence of supporting documents.

Outcome of the Judgment

The total award was NIS 51,200. In addition, the defendant must pay attorney's fees of 15% plus value-added tax, as well as a proportional share of the court fee; the amounts are to be index-linked and bear statutory interest until paid in full. Judge Dalia Ganot issued the judgment on May 30, 2007; the name of the court was not stated in the text of the civil judgment provided.

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