ABU DHABI // The Supreme Court has ruled that a man who used marijuana before coming to the UAE be acquitted of his crimes.
The Fujairah Criminal First Instance Court previously found him guilty and sentenced him to four years in jail for consuming marijuana and bringing, possessing and consuming the psychotropic substance “Brazilium”.
The defendant insisted throughout police, prosecution and court proceedings that he had consumed the drug in India two days prior to entering the UAE and it had not been proven that the consumption occurred in the UAE.
He argued that “doubt is analysed in favour of the defendant” and that the courts should not be allowed to prosecute him.
This argument was accepted by the Appeals Court and he had his sentence downgraded to a year in prison, followed by deportation, for possession.
Prosecutors at the Federal Supreme Court argued that there was no evidence to prove that the consumption had taken place outside the country and he should be convicted. The court rejected the prosecution’s argument saying that, per article 142 of the penal procedures law, the speciality of court is based on the location of the crime.
Article 16 of the penal code sets punishments for crimes carried out outside the UAE region in only three cases: if any of the acts that formed the crime were carried out inside the country; if the result of the crime occurs in the country; if the intent was for the result to occur in the country.
The defendant was acquitted.
hdajani@thenational.ae
