A young Gulf man is tried on charges of abuse, incitement and possession
The Appeals Court in Khor Fakkan is looking into the case of a young man (Gulf - 18 years old), who was convicted of consuming narcotic substances and inciting a girl to abuse, and the court heard the defendant’s defense, and the court decided to postpone hearing the case for judgment in the next session.
The court of first instance ruled that the young man was imprisoned for seven years and fined 30,000 dirhams on charges of using a narcotic substance (heroin) in other than the legally authorized cases, and the possession of narcotic substance (heroin) and psychotropic substances represented in (mefitamin and mirtazapine), and inciting a (Gulf) girl to commit The crime of abuse, by agreeing with her in advance to meet to use drugs together.
The defense of the defendant, lawyer Amna Al-Zaabi, submitted to the Court of Appeal pleadings stating that the court did not pay attention to the age of the accused, who is 18 years old, and he had not been accused in such cases, so the court of first instance had to take into account the circumstances and excuses that mitigate punishment.
Al-Zaabi added that the court also relied on convicting the accused on the witness’s statements, despite the accused’s denial of the crime of inciting or facilitating the use of narcotic substances, pointing out that the witness made up this incident that is not supported by evidence, which is a violation of the law and a mistake in its application, pointing to the deficiency in Causation and corruption in the inference and the violation of the fixed papers, in addition to that there were insufficient evidence against the accused, so it is not permissible to arrest him if he is present.
The attorney stated that the occurrence of the incident was unreasonable, noting that what was proven in the case papers was inconsistent with reason or logic, explaining that it is inconceivable for the accused to present a drug substance to a girl about whom nothing is known, but he met her for the first time on the day of the incident, and it is also unimaginable. The accused instigating her without knowing her identity and without having any connection between them, and accordingly the defense of the failure to imagine the occurrence of the incident as shown in the papers is valid and the defense with him is entitled to request the judgment of the innocence of the accused.
Al-Zaabi confirmed the availability of excuses and mitigating circumstances for punishment, in accordance with Article 99 of the Penal Code. And she continued that Article (100) of the same law states that “If the court considers that the circumstances of the crime or the criminal warrant clemency, it may reduce the penalty as set forth in Article 99”.
She emphasized that the accused does not have any precedents in the use of narcotic drugs and psychotropic substances or any other precedents, in addition to his young age, and then the young age of the accused must be taken into account and that he is a student of knowledge, appealing to the spirit of law and justice to take all excuses and mitigating circumstances against the accused so that he is not looked at with contempt. For society, and for a year old, he is in his prime, and with this crime, he will lose an opportunity to correct his life.
The defense lawyer demanded that the appealed judgment be canceled and the judiciary once again acquitted the accused of the accusation against him, and as a precaution to use the utmost degree of compassion and mercy against the appellant, taking into account his young age.