Kuwait Court of Cassation principle number 443

A person deprived of consciousness or choice. Selection of the existence of his intention to commit an offence requiring specific intent, whether he took the intoxicant knowingly or against his will. The appellant’s defence being based on his having been unconscious as a result of consuming alcohol, which would negate the existence of criminal intent on his part for the offence of attempted murder, as supported by his statements in the investigations. A material defence requiring the court to investigate it to reach a definitive conclusion on it. - A defence recorded in the case papers remains extant and before the court when hearing the appeal, and requires it to express its opinion on it even if the appellant does not raise it again. The judgment’s disregarding it. Vitiates it and requires its cassation. - 114 - Penal matters