[1] This is an appeal by the prosecution against the dismissal of its appeal by the Court of Appeal which had affirmed the decision of High Court.

[2] The respondent in this case was originally charged under s 302 of the Penal Code . At the end of the prosecution case the learned High Court trial judge ruled that the prosecution failed to establish a prima facie case against the respondent under s 302 but successfully established a prima facie case under s 304(a) of the same Code. Upon being called to enter his defence, the respondent pleaded guilty to the reduced charge and was sentenced to 15 years imprisonment from the date of his arrest.

[3] We heard this appeal on 19 April 2011 and reserved our judgment. We have considered this appeal and this is our decision.

[4] The facts have been succinctly stated by the Court of Appeal in its judgmen