KCC 748/2001
This case involved whether an individual could be guilty of importing drugs if they did not know the nature of the material in their bag.
Background
An appellant said in her grounds of appeal that the appealed ruling by which she was convicted of bringing in drugs had erred in the application of law and had insufficient evidence of causation. She said that she was not aware of the nature of the material that she brought in her bag.
Decision
The court of cassation said that this argument was valid. The court said that the criminal intention in drugs crimes did not exist only by the material possession of the drugs but also with the holder's awareness of the nature of the material they hold. The court said that the documents of the case revealed that the appellant had maintained before the court that she was not aware of the nature of the materials found with her. The court said that the court dismissed the appellant's defence though it was a substantial one that might have changed the ruling outcome. The court said that the court established its ruling on an invalid base.
The court repealed the ruling