UMAR HAQIM BIN NURLIZAN

UMAR HAQIM BIN NURLIZAN

Court accepted prosecution evidence that accused was physically observed cutting cannabis on the table and that he led police to a blue bag in his room containing cannabis; s27 Evidence applied to the conduct and statutory presumption of trafficking under s37(da) was engaged given quantities; prosecution proved guilt beyond reasonable doubt and convicted the accused on both counts, imposing mandatory death sentence.

Citation
45A-2-01/2019 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Defendant: 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 Drug Trafficking / Trial Judgment (conviction and Sentencing)
Outcome
Guilty on both counts; convicted and sentenced to death (mandatory)
Legal Topics
Possession, Trafficking/distribution, Search and Seizure, Admissibility of Statements, Statutory Presumption of Trafficking, Mandatory Death Penalty
Source Language
Malay/English
Criminal Law Drugs/narcotics Law Evidence Law Possession Trafficking/distribution Search and Seizure Admissibility of Statements Statutory Presumption of Trafficking +1 more

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Parties

Pendakwa Raya

Prosecutor

Umar Haqim bin Nurlizan

Defendant

Procedural Posture

Criminal Drug Trafficking / Trial Judgment (conviction and Sentencing)

Legal Issues

  1. 1 Whether the accused had possession and control of cannabis found on the table in the common area
  2. 2 Whether the accused had possession and control of cannabis found in the blue bag in his room
  3. 3 Whether warnings under s37B and subsequent conduct fall within admissible evidence (s27 Evidence)

Ratio Decidendi

Court accepted prosecution evidence that accused was physically observed cutting cannabis on the table and that he led police to a blue bag in his room containing cannabis; s27 Evidence applied to the conduct and statutory presumption of trafficking under s37(da) was engaged given quantities; prosecution proved guilt beyond reasonable doubt and convicted the accused on both counts, imposing mandatory death sentence.

Court Disposition

Guilty on both counts; convicted and sentenced to death (mandatory)

Orders

  • Convicted under Section 39B(1)(a) Akta Dadah Berbahaya 1952 on both charges
  • Sentence: Death by hanging (mandatory) according to law