Kuwait Court of Cassation principle number 119

An intoxicated person's loss of consciousness or choice. He lacks the intent to commit an offence requiring specific intent, whether he consumed the intoxicating substance knowingly and willingly, under compulsion, or without his knowledge, so long as the intoxicant deprived him of consciousness and choice. Punishing him for that offence. Its condition: that he had previously intended to commit it and consumed the intoxicant to embolden himself. The reason: the legislature did not equate offences requiring general criminal intent with those requiring specific criminal intent in respect of establishing intent. - Specific criminal intent is not established by legal considerations and presumptions. It is ascertained through evidence derived from the actual facts. - The judgment's failure to respond to the appellants' defence that they were intoxicated at the time of the offence, such that their liability for intentional murder was not established because specific criminal intent was absent. Deficiency and infringement of the right of defence.