Session of Wednesday, December 18 2024
Headed by Judge Shihab Abdulrahman Al-Hammadi, “Head of the Department” Al-Otaibi with the membership of Judges Al-Hassan Bin Al-Arabi Faidi and Juma Ibrahim Mohammed
(1-2) Trial Court: What the trial court must take note of’. Defence ‘Substantive Defence’. Judgement ‘Deficient reasoning of the judgement’.
(1) Judgement. The judgement must contain such information as to reassure that the trial court has taken note of the evidence in the case and responded to the defence raised therein. Failure to do so.
(2) The appealed decision's disregard of the appellant's request to refer the two documents allegedly issued by him to the Sharjah Forensic Laboratory to determine the contemporaneity of their structure, content and substance because they were added to a blank paper signed by him, as well as the witness's testimony, is a deficiency in the reasoning and a violation of the right of defence that requires cassation.
It is established - in the case law of this Court ...