JUDGMENT

Zulkifli Bakar J:

Backgrounds

[1] At the Sessions Court, the respondent was charged under s 41(1)(d) of the Copyright Act 1987 as follows:

"Charge:

[2] Previously, the Sessions Court Judge had ruled the respondent to be acquitted and discharged without calling for defence at the close of the prosecution's case. Deputy Public Prosecutor, being dissatisfied with the decision, appealed to High Court and subsequently the High Court Judge, on last 5 May 2014 under case no 42S-197-06-2012, decided the respondent to enter his defence before the same trial judge.

[3] It is to be noted in the present case, this is an appeal by the Public Prosecutor ("appellant") against the order made by the learned Sessions Court Judge who acquitted and discharged the respondent at the end of defence's stage.

[4] Briefly, the facts of the case are as follows: