The Supreme Court justified its decision by stating that the imprisonment sentence imposed on Kedruglan Assaf drastically exceeds punishments imposed in similar cases and even close to punishment in cases where drivers were also convicted of responsibility for the death of victims in a car accident.
Justices Anat Baron, Ofer Grosskopf and Alex Stein noted the moral failure inherent in the offense of abandonment – in which Aspa was convicted – and the contempt for the sanctity of the lives of the victims and the feelings of their relatives. It was also determined that the Tel Aviv District Court was right when it imposed a prison sentence that aggravates the penalty threshold for abandonment offenses, but added that the aggravation of punishment should be done in moderation and gradually.
The verdict further stated that Ari Nesher’s family “was left with a huge void left behind by their son whose entire future was ahead of him, and that the additional and inevitable grief caused to the family as a result of the reduction of punishment should not be taken lightly.” However, it was noted that “the accident was caused not through the fault of an assembly, which involuntarily got into it and it also diverted his life and the life of his family from their course. His actions are undoubtedly serious; The accident and the deaths of the victims. ”
Attorneys Ilan Sofer, Yonatan Dor and Sapir Gabay, who represented Aspah on appeal, said: “The ruling properly balances the circumstances of the accident, Aspah’s personal circumstances and the basis of deterrence. We reiterate our participation in the heavy mourning of the Nesher family.”
Footballer Aspa was arrested in September 2018 on suspicion of killing the boy, the son of director Avi Nesher, and driving while intoxicated while returning from a party in Tel Aviv. In January this year, the district court sentenced him to four and a half years in prison, and a month later he began serving his sentence in Hermon Prison. Today the Supreme Court ruled that his sentence will be shortened by a year and a half.