MOHAMAD NOORAZAM BIN CHE RUS v Pendakwa Raya
a-05sh-126-03-2024 Court of Appeal (Mahkamah Rayuan) 5 November 2024 • A-05(SH)-126-03/2024 • 13 min read
1 cases cited
(0 SG, 1 foreign)
Outcome
We therefore find the conviction safe and affirm it. [32] As for the sentence, the High Court in exercising its discretion opted not to pass the death sentence and instead sentenced the appellant to life imprisonment and twelve strokes of whipping.
Catchwords
Arrest and discovery – Police (SP2, SP5, others) on RMO patrol found car keys in appellant’s jeans pocket – keys used to unlock car; drugs discovered in a black plastic bag on the driver’s seat. Credibility of Police Witnesses – SP2 and SP5’s testimonies found credible; no evidence of dishonesty (case Md Zainudin bin Raujan v PP is referred, corroboration not required for police testimony. Access to the Car – Defence argued others had access (DNA, cigarette butts) but Court held irrelevant as others may have used car earlier, but during the arres, only appellant had keys and access – SP6 confirmed he and Dewa never entered the car; car was locked until SP2 opened it with appellant’s keys. Ownership of Car – Car registered under SP4, but he confirmed appellant was the primary user – SP4 had only borrowed car once, 2 weeks before arrest, with appellant present – SP4 handed both sets of car keys to appellant. Defence by Appellant – Appellant claimed he was with SP4 in Taiping before arrest – Court rejected this as an afterthought since not raised with prosecution witnesses. Drug Apparatus – SP4 admitted past Syabu use with a similar device, but not with the one found in car – The Court rejected defence implication that apparatus belonged to SP4. Findings – Drugs were in the appellant’s possession – Prosecution proved prima facie and Defence failed to raise reasonable doubt – High Court’s analysis and findings upheld and the conviction is safe – High Court imposed life imprisonment and 12 strokes – Court of Appeal affirmed sentence – Appeal dismissed.
Practice Areas
Judges (3)
Counsel (5)
Statutes Cited
Dangerous Drugs Act 1952 (Cap 234)
Road Transport Act 1987
s 117(1)
Cases Cited (1)
MY (1)
[2013] 4 CLJ 21
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (a-05sh-126-03-2024)