MD RUSLIZAM BIN ISHAK

MD RUSLIZAM BIN ISHAK

On the totality of evidence the prosecution proved beyond reasonable doubt that the accused had possession, knowledge and control of the drugs; the defence account of a third party ('Chak') was uncorroborated and implausible, failed to raise reasonable doubt; accordingly convicted under s39B(1)(a) and sentenced under s39B(2A) to life imprisonment and 15 strokes per count, to run concurrently effective 29/6/2017.

Citation
KA-45A-35-05/2018 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: MD Ruslizam bin Sihak
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 February 2023
Case Number
KA-45A-35-05/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Judgment
Outcome
Accused convicted on three counts under s39B(1)(a) DDA 1952 and sentenced under s39B(2A) to life imprisonment and 15 strokes on each count; sentences to run concurrently from 29/6/2017.
Legal Topics
Possession and Control of Drugs, Section 39 B Dangerous Drugs Act 1952, Mens Rea Possession, Mitigation and Totality of Sentence, Concurrent Sentencing
Source Language
Malay/English
Criminal Law Drugs Sentencing Possession and Control of Drugs Section 39 B Dangerous Drugs Act 1952 Mens Rea Possession Mitigation and Totality of Sentence Concurrent Sentencing

Case Brief

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Parties

Pendakwa Raya

Prosecution

MD Ruslizam bin Sihak

Accused

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the accused had possession, knowledge and control of the drugs found in the rented premises
  2. 2 Whether the accused's defence that a third party ('Chak') was responsible was credible and raised reasonable doubt
  3. 3 Whether the prosecution proved distribution/offence under s39B(1)(a) DDA 1952 beyond reasonable doubt

Ratio Decidendi

On the totality of evidence the prosecution proved beyond reasonable doubt that the accused had possession, knowledge and control of the drugs; the defence account of a third party ('Chak') was uncorroborated and implausible, failed to raise reasonable doubt; accordingly convicted under s39B(1)(a) and sentenced under s39B(2A) to life imprisonment and 15 strokes per count, to run concurrently effective 29/6/2017.

Court Disposition

Accused convicted on three counts under s39B(1)(a) DDA 1952 and sentenced under s39B(2A) to life imprisonment and 15 strokes on each count; sentences to run concurrently from 29/6/2017.

Orders

  • Count 1: Life imprisonment commencing 29/6/2017 and 15 strokes of the rotan under s39B(2A) Dangerous Drugs Act 1952.
  • Count 2: Life imprisonment commencing 29/6/2017 and 15 strokes of the rotan under s39B(2A) Dangerous Drugs Act 1952.