[ ] NOOR HESHAM BIN HAMID

[ ] NOOR HESHAM BIN HAMID

Court found prosecution proved beyond prima facie stage that the seized substances were Methamphetamine, that they were in the accused's custody, control and possession (physical possession of bag and drugs, attempt to flee and struggle), and the statutory presumption of trafficking applied under s37(da) ADB 1952; accused failed to rebut presumption on balance of probabilities; therefore conviction for trafficking under s39B(1)(a) and for possession under s12(2) followed, with death sentence for trafficking and 2 years' imprisonment for possession.

Citation
DA-45A-4-04/2019 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor (Pendakwa Raya); Accused: Noor Hesham bin Hamid
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 August 2022
Case Number
DA-45A-4-04/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Trial and Judgment (conviction and Sentencing)
Outcome
Accused convicted on both counts; sentenced to death for trafficking under s39B(1)(a) Akta Dadah Berbahaya 1952 and to 2 years imprisonment for possession under s12(2) Akta Dadah Berbahaya 1952.
Legal Topics
Trafficking Under S39 B ADB 1952, Possession Under S12 ADB 1952, Statutory Presumption S37(da) ADB 1952, Prima Facie Sufficiency S180 CPC, Admissibility of Computer/photographic Evidence S90 a Evidence Act 1950, Chain of Custody, Alibi and Notice Requirements, Evaluation of Police Testimony
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Procedural Law Trafficking Under S39 B ADB 1952 Possession Under S12 ADB 1952 Statutory Presumption S37(da) ADB 1952 Prima Facie Sufficiency S180 CPC +4 more

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Parties

Public Prosecutor (Pendakwa Raya)

Prosecution

Noor Hesham bin Hamid

Accused

Procedural Posture

Criminal Drug Trafficking / Trial and Judgment (conviction and Sentencing)

Legal Issues

  1. 1 Whether the seized substances were dangerous drugs
  2. 2 Whether the drugs were in the custody, control and possession of the accused
  3. 3 Whether the statutory presumption of trafficking under s37(da) ADB 1952 applied

Ratio Decidendi

Court found prosecution proved beyond prima facie stage that the seized substances were Methamphetamine, that they were in the accused's custody, control and possession (physical possession of bag and drugs, attempt to flee and struggle), and the statutory presumption of trafficking applied under s37(da) ADB 1952; accused failed to rebut presumption on balance of probabilities; therefore conviction for trafficking under s39B(1)(a) and for possession under s12(2) followed, with death sentence for trafficking and 2 years' imprisonment for possession.

Court Disposition

Accused convicted on both counts; sentenced to death for trafficking under s39B(1)(a) Akta Dadah Berbahaya 1952 and to 2 years imprisonment for possession under s12(2) Akta Dadah Berbahaya 1952.

Orders

  • Accused found guilty and convicted on both charges
  • Sentence: death under s39B(1)(a) Akta Dadah Berbahaya 1952 for trafficking (97.0 g Methamphetamine)