Kuwait Court of Cassation principle number 1612

The appellant's contention that what he committed constitutes the crime of possession of alcoholic beverages with intent to trade because the intent to import was absent. Ineffectual so long as the penalty imposed on him falls within the range of the penalty prescribed for the crime forming the subject of the challenge. This is not altered by the fact that the court, when assessing the penalty, was influenced by the characterization it gave to the incident. Reason therefor: assessment of the penalty turns on the legal occurrence itself committed by the offender, not its legal characterization by the court. It may assess the penalty proportionate to the incident and its circumstances.