KCC 940/2017
This case involved whether the elements of the crime of robbery applied.
Background
The office of public prosecution accused a defendant of robbery using force. The office requested the court to penalize the defendant according to Articles 225 and 226 of Kuwait Law No. 16/1960 .
The court ruled that the defendant should be imprisoned for five years and that he should pay a fine of 1000 Dinars.
The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
The defendant appealed the ruling before the court of cassation. He said in his grounds of appeal that the ruling had erred in the application of law. He said that the elements of the crime of robbery had not existed in the case.
Decision
The court said that this argument was invalid. The court said that the criminal intention had existed in the case because the defendant was aware that he was stealing the money of the victim at the time.
The court dismissed the appeal and upheld the appealed ruling.