NORFAIZAL BIN NORIZAN
CASE BRIEF- Jurisdiction
- Nationalities
- Malaysian
- Case Title
- Norfaizal bin Norizan (Federal Court Criminal Appeal No. 05-62-04/2012(B))
- Age Group at Offence
- Adult (18 to 59)
- Gender
- Male
- Religious Group at Offence
- Unknown
- Vulnerable/ Marginalised Group
- Socio-economic Status
- Jurisdiction - Geolocation
Latitude: 4.2105
Longitude: 101.9758
- Jurisdiction - Geolocation (linked CASE BRIEF)
- Malaysia
- Contributing TRP Partner
- Malaysian Centre for Constitutionalism and Human Rights (Malaysia)
- Latest Country's Death Penalty Status
- Retentionist
- Case Current Status
- Closed: Commuted
- Year when sentenced to Death Row
- 2000s: 2009
- Nature of Offences for Death Penalty
- Drug Crime
- Case Background (300 words max)
The Applicant was arrested on 6 February 2002. He was 24 years old at the time of his arrest. He was charged and convicted under section 39B(1)(a) of the Dangerous Drugs Act 1952, on the charge of trafficking in 10,331 grams of cannabis and sentenced to mandatory death on 21 December 2009. Both his appeals to the Court of Appeal on 21 February 2012 and the Federal Court on 17 February 2014 were unsuccessful.
An application for resentencing was filed in the Federal Court.
- Defence Arguments (200 words max.)
The legal counsel in support of his application, went to interview the applicant in the prison, prepared a supplementary affidavit, contacted and interviewed his family members. They also requested medical treatment for his heart condition, hypertension and diabetes, which the prison officials would take him to the hospital for the treatment.
The Applicant was only 24 years old when he was arrested with his late father in 2002. His late father passed away in prison whilst under remand. The Applicant’s mother passed away in 2008 when the Applicant was in prison. The Applicant is still single, unemployed and has no other financial resources.
- Judgement with Headnotes (200 words max)
On 2 April 2024, there was a hearing of the resentencing application in Putrajaya Federal Court. In this application, the Federal Court took into account amongst others, the individualised mitigating circumstances of the Applicant which include the age of the Applicant, the Applicant is a first-time offender and the possibility of reform and social re-adaptation of the Applicant Upon reading the Applicant’s Notice of Motion, Affidavits and Written Submissions, the Federal Court held that the death penalty against the Applicant is set aside and be replaced with 30 years imprisonment from the date of arrest and 12 strokes of whipping.
- Legal Representation Received
- Pre-trial: Unknown
- Trial: Unknown
- Appeal: Unknown
- Second Appeal: Unknown
- Legislation Related to the Offence(s)
Section 39B(1)(a) of the Dangerous Drugs Act 1952
- Case Brief Entry Status
- Complete
- Language of Case Materials
- English
- Is the case brief featured?
- No