Cassation
No. 507 of 2022
Issued
on 02/08/2022 (Penal)
Panel:
Presided over by Mr. Judge Ahmed Abdullah Al-Mulla, Chief Judge of the Circuit,
with Messrs. Judges Muhammad Ahmed Abdel Qader and Al-Tayeb Abdel Ghafour Abdel
Wahhab as members.
(1-
4) Ruling “Causation of the ruling: defects in causation: Deficiencies in
reasoning and error in the application of the law.” Defence
“Meritorious defence”. The “plea of inadmissibility of the
case due to previous adjudication”. Public order. “Related pleas:
Plea of inadmissibility of the case due to previous
adjudication.”
(1)
The ruling shall encompass comprehensive details, providing satisfaction to the
perusing individual regarding the court's meticulous examination of evidence, as
well as the considerations, requests, and pleas presented before it.
(2)
Meritorious defence, in its essence, necessitates explicit attention from the
court, mandating a response; failure to do so renders the ruling susceptible to
deficiencies in reasoning.
(3)
The plea of inadmissibility of the case due to previous adjudication may be
raised at any stage, contingent upon the presence of the same opponents, crime,
and the issuance of a final ruling. The court, acting sua sponte, is empowered
to adjudicate on this plea, given its intrinsic connection to public
order.
(4)
An example of the error of the contested ruling in the application of the law is
its failure to address the plea of inadmissibility based on previous
adjudication in a ruling of which he submitted a copy without establishing that
the court thoroughly examined the finality of the prior ruling, the parties
involved, the subject matter, and the rationale behind that lawsuit.
1-
It is prescribed, as per the ruling of this court, that the ruling shall
comprehensively incorporate particulars reassuring the perusing individual that
the court diligently examined the presented evidence, as well as the petitions
and defenses brought before it. The court, in pursuit of discerning the truth in
the case, is obligated to employ all available means.
2-
It is also prescribed, as per the ruling of this court, that the court shall
address and respond to the meritorious defence that might alter the formation of
opinion on the accusation. Failure to do so renders the ruling fatally flawed
and in violation of the right to defence, necessitating its
reversal.
3-
Moreover, it is prescribed that the plea of inadmissibility of the case due to
previous adjudication may be raised at any stage, given its connection to public
order. The court, acting sua sponte, can adjudicate this plea without a specific
request, provided the essential elements for its adjudication are brought before
the trial court. In criminal matters, this entails identical opponents and a
matching crime for which the previous ruling was issued. Additionally, the prior
ruling shall be conclusive and decisive concerning the subject matter, matching
both the subject and the reason for the ongoing trial.
4-
In light of the aforementioned principles and as evident from the documents, the
appellant had upheld the plea of inadmissibility of the case due to previous
adjudication in Case No. 36 of 2022 before the Sharjah Penal Court of Appeal. He
appended a copy of the ruling issued in that case. Given that the contested
ruling was obligated to establish its perusal of this ruling, and it being
unchallenged, along with the requisite particulars regarding the persons,
subject, cause, and finality of that lawsuit. The failure of the contested
ruling to demonstrate awareness of the aforementioned ruling, and whether it
accepted the plea or not, renders the Supreme Court unable to opine on the
appellant's assertion of an error in the ruling's application of the law.
Consequently, this mandates the reversal and remand without delving into the
remaining grounds of the cassation.
Whereas
in the facts, as apparent pursuant to the perusal of the contested ruling and
other documents, the Public Prosecution levelled accusations against the
appellant, contending that on a date prior to 11/1/2021 in the district of
[City]:
-
he illicitly appropriated movable property owned by ..... This act, executed
through the deceptive means of transforming the issuance of an incongruent check
into the semblance of a valid transaction, was aimed at duping the complainant
and compelling the surrender of the property, as depicted in the documents.
The
prosecution invoked Article 451/1 of the Federal Crimes and Penalties Law,
seeking punitive measures.
During
a session on 26/1/2022, the court of first instance, in the presence of the
appellant, rendered a verdict to convict and penalise him with a fine of five
thousand dirhams for the imputed charge.
Dissatisfied
with this judgment, the appellant pursued an appeal in Appeal No. 149/2022.
Subsequently,
in a session held on 29/3/2022, the Court of Appeal accepted the appeal in form,
dismissed it on the merits, thereby confirming the appealed ruling.
Displeased
with this outcome, the appellant has lodged the present appeal in cassation,
contesting the judgment.
The
Public Prosecution, in response, has submitted a memorandum urging the dismissal
of the cassation.
Whereas
the appellant's objections to the contested ruling encompass claims of error in
the application of the law, deficiencies in reasoning, violation of documented
facts, and breach of the right of defence. He asserts that the judgment
overlooked his meritorious defence seeking a stay in the criminal case until the
ruling in Penal Case No. 26/2022 becomes final. Moreover, the contested ruling
allegedly neglects the plea of inadmissibility of the case due to previous
adjudication in the aforementioned case. These perceived lapses render the
ruling flawed, necessitating its reversal.
Whereas
the objection holds merits, since
it is
prescribed, as per the ruling of this court, that the ruling shall
comprehensively incorporate particulars reassuring the perusing individual that
the court diligently examined the presented evidence, as well as the petitions
and defenses brought before it. The court, in pursuit of discerning the truth in
the case, is obligated to employ all available means.
It
is also prescribed, as per the ruling of this court, that the court shall
address and respond to the meritorious defence that might alter the formation of
opinion on the accusation. Failure to do so renders the ruling fatally flawed
and in violation of the right to defence, necessitating its
reversal.
Moreover,
it is prescribed that the plea of inadmissibility of the case due to previous
adjudication may be raised at any stage, given its connection to public order.
The court, acting sua sponte, can adjudicate this plea without a specific
request, provided the essential elements for its adjudication are brought before
the trial court. In criminal matters, this entails identical opponents and a
matching crime for which the previous ruling was issued. Additionally, the prior
ruling shall be conclusive and decisive concerning the subject matter, matching
both the subject and the reason for the ongoing trial.
In
light of the aforementioned principles and as evident from the documents, the
appellant had upheld the plea of inadmissibility of the case due to previous
adjudication in Case No. 36 of 2022 before the Sharjah Penal Court of Appeal. He
appended a copy of the ruling issued in that case. Given that the contested
ruling was obligated to establish its perusal of this ruling, and it being
unchallenged, along with the requisite particulars regarding the persons,
subject, cause, and finality of that lawsuit. The failure of the contested
ruling to demonstrate awareness of the aforementioned ruling, and whether it
accepted the plea or not, renders the Supreme Court unable to opine on the
appellant's assertion of an error in the ruling's application of the law.
Consequently, this mandates the reversal and remand without delving into the
remaining grounds of the cassation.