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Supreme Court Upholds 14-Year Prison Sentence Over Death of Police Volunteer

The Supreme Court of Israel dismissed the cross-appeals in the case of Nissim Sah, who was convicted of causing the death of police volunteer Hussam Zaghir and seriously injuring police officer Amir Abu Rish. After the parties withdrew their appeals, the sentence imposed by the District Court remained unchanged.

Key facts

  • •Court: Supreme Court of Israel
  • •Decision: Both appeals were dismissed after the parties withdrew them
  • •Principal prison sentence: 14 years of actual imprisonment
  • •District Court sentence: July 2024
  • •Compensation: 258,000 shekels to each of two recipients
  • •The case number is not specified in the source

What Happened in Nahariya

In September 2021, during the Sukkot holiday, Hussam Zaghir and Amir Abu Rish arrived on HaAliya Street in Nahariya following complaints about noise from infrastructure work at a construction site. Nissim Sah, who managed the work, became involved in a confrontation with them. After being told that he was under arrest, he entered an Audi, drove in reverse, ran over both of them and fled: Zaghir, 32, was killed, and Abu Rish was seriously injured.

The Charge and Sentence

Sah was initially charged with murder with indifference, but the indictment was amended as part of a plea agreement. He pleaded guilty and was convicted of reckless manslaughter, intentionally causing grievous bodily harm, and abandoning the scene after causing injury. In July 2024, the Haifa District Court sentenced him to 14 years of actual imprisonment, a suspended sentence, and compensation of 258,000 shekels to each of the two recipients—the deceased’s family and the injured police officer; the vehicle was forfeited and sold to partially pay the compensation.

The Cross-Appeals

The prosecution believed that the sentence was too lenient and sought to have it increased—before the District Court, it had sought a sentence of 18 to 25 years in prison. The defense, by contrast, sought to shorten the prison term. After hearing the judges’ comments and consulting, both parties accepted the Supreme Court’s recommendation and withdrew their appeals, after which the Court dismissed them.

Why the Sentence Was Not Changed

The panel, headed by Supreme Court President Yitzhak Amit and including Justices Yael Wilner and Ruth Ronnen, held that the 14-year prison sentence was severe. Nevertheless, the judges noted that the gravity of the acts and their consequences could have justified an even harsher sentence. However, an appellate court does not ordinarily impose the maximum possible sentence, and it takes into account the rules concerning limited intervention in the sentence imposed by the trial court.

What this means for you

The decision demonstrates that filing an appeal does not necessarily lead to a change in the sentence, particularly when both parties withdraw their demands. The appellate court also takes into account the limits on intervening in a sentence imposed by the District Court, even if it believes that a harsher sentence could have been imposed. The compensation to the victims and the forfeiture of the vehicle in this case remained in effect alongside the prison sentence.

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