KCC 847/2001

This case involved an individual accused of a drugs offence. A key issue was whether a positive drugs test was as a result of drugs taken before they had started a treatment programme.

Background

An appellant said in his grounds of appeal that the appealed ruling by which he was convicted of possessing drugs for taking purposes had insufficient evidence of causation and had erred in the application of law. He said that the drugs found in his urine sample was a result of the drugs he used to take before starting treatment for addiction.

Decision

The court of cassation said that this argument was invalid. The court said that the court had considered all aspects of the incident and concluded that the elements of the crime existed in the case. The court said that the court established its ruling on the grounds of solid evidence. The court said that the documents of the case revealed that the court penalized the appellant in accordance with Article 84(1) of Kuwait Law No. 16/1960. The court said that the appellant's defence in this regard was irrelevant.

The court dismissed the appeal.