Kuwait Court of Cassation principle number 216

Summary: - The basic rule in proving age is that only an official birth certificate is recognized, or age is estimated by the medical authority, and it is calculated according to the Gregorian calendar. Basis thereof: Article 2 of Law 3 of 1983 concerning Juveniles. - The challenged judgment's reliance, in assessing the victim's age in the offence of indecent assault without coercion, threat or deception, on her not having reached twenty-one years of age, based on the date of birth recorded in the civil identity card, considering that what was recorded therein was identical to what was recorded in the victim's birth certificate. Legally correct. - A manifestly invalid legal defence. The court's disregard thereof does not vitiate its judgment. Example. Rule: Examination of the papers and the appellant's defence memorandum submitted at the hearing of 25/9/2012 before the appellate court shows that it contained a defence to the effect that, on the date of the incident, the victim was not a minor according to the Hijri calendar, applying the rule most favourable to the accused, which would negate his liability for the offence charged. The basic rule in proving age is that only an official birth certificate is recognized, or age is estimated by the medical authority, and according to the Gregorian calendar, as appears from Article 2 of Law No. 3 of 1983 concerning Juveniles. In assessing the victim's age and determining that she had not reached twenty-one years of age at the time of the offence, the judgment relied on what was established from examination of the victim's civil identity card, namely that she was born on 19/2/1990 AD. The judgment adopted what appeared in that card, being satisfied with it on the basis that what was recorded therein was identical to what was recorded in the victim's birth certificate. Accordingly, the appellant's argument in this regard amounts to no more than a manifestly invalid legal defence, which the court cannot be faulted for disregarding, and his criticism in this regard is without foundation.