Kuwait Court of Cassation principle number 1693

A person lacking awareness or freedom of choice. Absence of his intent to commit an offence requiring specific intent, whether he took the intoxicant knowingly or against his will. The appellant’s defence that he was unconscious as a result of consuming alcohol, which would negate his criminal intent for the offence of attempted murder, and which is supported by his statements in the investigations. A material defence requiring the court to investigate it to its ultimate conclusion. - A defence recorded in the case papers is deemed to subsist and to be before the court when hearing the appeal, and requires it to express its view thereon even if the appellant does not raise it again. The judgment’s disregard thereof. Renders it defective and requires its cassation.