Prosecution was paced with a duty to prove beyond reasonable doubt that:

• A human being is killed, this is not in dispute.
• The killing was unlawful court held that the death was unlawful as it was not accidental or authorised by law.
• That it was the accused that killed or participated court relied on the accused’s admission and conduct that constituted circumstantial evidence to hold that the accused took part in assaulting his father.

Death was caused with malice aforethought court relied on the accused’s confession that he assaulted his father twice with a stick and held that prosecution has failed to prove that there was malice aforethought on the part of the accused.