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)
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.
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
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