UMAR HAQIM BIN NURLIZAN

UMAR HAQIM BIN NURLIZAN

Court accepted prosecution witness SP7 as credible, found direct evidence that accused was cutting cannabis on the table and that accused led police to and handed over the blue bag containing cannabis in his room; statutory presumption of distribution under s37(da) applied given the quantities (216g and 2005g); deficiencies in documentation (failure to record the knife) did not undermine the core credible testimony; defence denials were mere denials and did not create reasonable doubt; result: conviction on both charges and mandatory death sentence under s39B(2).

Citation
45A-2-01/2019 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: UMAR HAQIM BIN NURLIZAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 December 2019
Case Number
45A-2-01/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Judgment and Sentencing
Outcome
Accused convicted on both charges and sentenced to death (mandatory hanging)
Legal Topics
Drug Trafficking, Possession and Control, Statutory Presumption of Distribution Under S37(da) Dangerous Drugs Act 1952, Admissibility of Conduct and Statements (s27 Evidence Act; S8 Evidence Act), Caution Under S37 B(1)(b) Dangerous Drugs Act 1952
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Drug Trafficking Possession and Control Statutory Presumption of Distribution Under S37(da) Dangerous Drugs Act 1952 Admissibility of Conduct and Statements (s27 Evidence Act; S8 Evidence Act) Caution Under S37 B(1)(b) Dangerous Drugs Act 1952

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

UMAR HAQIM BIN NURLIZAN

Accused

Procedural Posture

Criminal Trial / Judgment and Sentencing

Legal Issues

  1. 1 Whether accused had possession and control of cannabis found on the table
  2. 2 Whether accused had knowledge and exclusive possession of cannabis within the blue bag in his room
  3. 3 Whether accused's conduct in directing police and handing over the bag was admissible (caution issues)

Ratio Decidendi

Court accepted prosecution witness SP7 as credible, found direct evidence that accused was cutting cannabis on the table and that accused led police to and handed over the blue bag containing cannabis in his room; statutory presumption of distribution under s37(da) applied given the quantities (216g and 2005g); deficiencies in documentation (failure to record the knife) did not undermine the core credible testimony; defence denials were mere denials and did not create reasonable doubt; result: conviction on both charges and mandatory death sentence under s39B(2).

Court Disposition

Accused convicted on both charges and sentenced to death (mandatory hanging)

Orders

  • Accused Umar Haqim bin Nurlizan is found guilty on both charges
  • Accused is sentenced to death and ordered to be hanged until death pursuant to law