Mohd. Fuad bin Abdul Aziz

On the court record

Appellate prosecution work in the Court of Appeal and Federal Court, including review-jurisdiction and constitutional questions in serious criminal cases.

Mohd. Fuad bin Abdul Aziz appears at the appellate level, with the reported matters divided between the Court of Appeal (Mahkamah Rayuan) and the Federal Court (Mahkamah Persekutuan). In these decisions he is recorded on the prosecution side and as respondent, resisting appeals brought by convicted persons and defending the orders of the courts below. The subject matter is serious crime: trafficking under "seksyen 39B(1)(a) Akta Dadah Berbahaya 1952" (section 39B(1)(a) of the Dangerous Drugs Act 1952) and murder under "seksyen 302 Kanun Keseksaan" (section 302 of the Penal Code), the latter sometimes framed under section 300(c) and read with the common-intention provision in section 34.

A distinctive strand is the appellate architecture itself. Several matters engage the Federal Court's review jurisdiction and questions of constitutional law, including how far the apex court may reopen a concluded criminal appeal. Others are confined to sentence — "rayuan terhadap sabitan dan hukuman" (appeals against conviction and sentence) in which the only live question is the term imposed. The prosecution work also draws on the statutory trafficking presumption in "seksyen 37(da)" of the Dangerous Drugs Act, and on questions of when that presumption may properly be relied upon.

The picture is of counsel operating in the appellate courts on behalf of the prosecution, handling both the routine conviction-and-sentence appeal and the harder constitutional and review-jurisdiction questions that reach the Federal Court. The work turns on statutory interpretation, the limits of appellate and review power, and the proper application of the drug and homicide presumptions rather than on the primary fact-finding that belongs to the trial courts. Because the matters cluster at the Court of Appeal and Federal Court, the reported work also engages the mechanics of the appellate process itself — the framing of the questions of law that fall to the apex court and the finality that ordinarily attaches to a concluded criminal appeal once conviction and sentence have been affirmed.