Tetralina binti Ahmed Fauzi

On the court record

An appellate criminal-prosecution practice in the Court of Appeal, concentrated on murder and drug trafficking.

Tetralina binti Ahmed Fauzi appears in the Court of Appeal (Mahkamah Rayuan), and the reported decisions place her on the prosecution side and as appellant in serious criminal appeals. The two dominant subjects are homicide — the offence of murder under "seksyen 302 Kanun Keseksaan" (section 302 of the Penal Code), sometimes read with the common-intention provision in section 34 — and drug trafficking under "seksyen 39B(1)(a) Akta Dadah Berbahaya 1952" (section 39B(1)(a) of the Dangerous Drugs Act 1952).

The homicide appeals engage the boundary between murder and the lesser offence of culpable homicide not amounting to murder under "seksyen 304(a)" of the Penal Code, a distinction that turns on the accused's intention and on whether a statutory exception applies. Several appeals are "rayuan terhadap sabitan dan hukuman" (appeals against conviction and sentence), in which the appellate court is asked to reconsider both the finding of guilt and the punishment. The drug appeals engage the possession and trafficking presumptions and the sufficiency of the prosecution case.

Appearing as appellant for the prosecution in some matters and as prosecuting respondent in others, the reported task is to defend or to challenge the trial court's characterisation of the offence and its assessment of the evidence. In the homicide work the argument frequently concerns whether the facts support the intention required for murder or fall within the reduced category of culpable homicide; in the drug work it concerns the correct drawing of the presumptions.

The overall profile is an appellate criminal-prosecution practice concentrated on the most serious offences — murder and drug trafficking — in the Court of Appeal. The matters turn on the intention element in homicide, the statutory drug presumptions, and the appellate standard for reviewing a conviction and sentence, rather than on primary fact-finding at trial. The concentration on the two gravest offence categories, murder and trafficking, marks a settled appellate speciality at the most serious end of the criminal calendar.