Lynch v DPP
Jurisdiction | England & Wales |
Judgment Date | 01 January 1975 |
Date | 01 January 1975 |
Court | House of Lords |
Duress - Principal in second degree - Whether defence of duress available.
The accused drove a car containing a group of the I.R.A. on an expedition in which they shot and killed a police officer. On his trial for aiding and abetting the murder there was evidence that he was not a member of the I.R.A. and that he acted unwillingly under the orders of the leader of the group, being convinced that, if he disobeyed, he would himself be shot. The trial judge held that the defence of duress was not available to him and the jury found him guilty. The Court of Criminal Appeal upheld the conviction but granted leave to appeal to the House of Lords. Held, allowing the appeal (Lord Simon of Glaisdale and Lord Kilbrandon dissenting) that on a charge of murder the defence of duress was open to a person accused as a principal in the second degree (aider and abettor) and, accordingly, a new trial would be ordered. R. v. Dudley and StephensELR (1884) 14 Q.B.D. 273 distinguished; Attorney-General v. WhelanIR [1934] I.R. 518 considered. (Per Lord Morris of Borth-y-Gest Lord Simon of Glaisdale, Lord Kilbrandon and Lord Edmund-Davies.) When a person charged as aider...
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