Introduction

[1] This was an appeal brought by the prosecution against the decision of the Magistrate Court, Sungai Petani, where the learned Magistrate acquitted the respondent at the close of prosecution case on 25 August 2014. The respondent was charged with committing an offence under s 13(a) of the Poison Act 1952 ("the Act") which is punishable under s 32(2) of the same Act which carries a sentence of fine not exceeding three thousand ringgit or imprisonment for a term not exceeding one year or both. The prosecution's appeal was heard before me, and on 23 June 2015, I dismissed the prosecution's appeal. The prosecution was not satisfied with my decision, and therefore, filed an appeal to the Court of Appeal. This judgment serves as the reasons for my decision; and the reasons are as below.

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