2014 MarsdenLR 2609

COURT OF APPEAL PUTRAJAYA
NORISMAN ROZALI – Appellant
Versus
PP – Respondent
[Criminal Appeal No: A-05-207-08/2012]

The absence of a reasoned judgment and findings of possession constitutes a miscarriage of justice, warranting the reversal of a conviction.

Headnote:(A) Dangerous Drugs Act 1952 - Section 39B(2) - Conviction and sentence of death - Appeal against conviction on grounds including non-speaking judgment, absence of affirmative finding on possession, and credibility issues. (Paras 1, 2)

(B) The trial judge failed to provide adequate reasons or evaluate evidence, leading to a prejudicial lack of information for the appellant's defense. (Paras 8, 15, 17, 28)

(C) Judicial obligation to provide reasoning in judgments emphasized; a lack thereof constitutes misdirection. (Paras 10, 12, 28)

Facts of the case:
The appellant was convicted of possession and trafficking of drugs, sentenced to death; the trial lacked clarity on possession and reasoning.

Findings of Court:
The trial judge's failure to make firm findings or provide a reasoned judgment resulted in an unsafe conviction.

Issues: Main issues included the adequacy of the trial judgment and clarity on the appellant's possession.

Ratio Decidendi: The court found the trial judge's lack of findings and reasoning obstructed the appellant's ability to defend himself, constituting a miscarriage of justice.

Result: Appeal allowed; conviction set aside, and the appellant is acquitted and discharged.