Lynch v DPP

JurisdictionEngland & Wales
Judgment Date01 January 1975
Date01 January 1975
CourtHouse of Lords
(C.C.A., H.L.)
R
and
Lynch
Lynch
and
Director of Public Prosecutions

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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8 cases
  • DPP v Gleeson
    • Ireland
    • Supreme Court
    • 1 November 2018
    ...in this report:- Attorney-General v. Murray [1926] I.R. 266. Attorney-General v. Whelan [1934] I.R. 518. D.P.P. v. Lynch [1975] A.C. 653; [1975] N.I. 35; [1975] 2 W.L.R. 641; [1975] 1 All E.R. 913; (1975) 61 Cr. App. R. 6. Dunne v. Director of Public Prosecutions [2016] IESC 24, [2017] 3 I.......
  • Dunne v DPP
    • Ireland
    • Supreme Court
    • 11 May 2016
    ...462; [1976] 3 All E.R. 140; (1976) 63 Cr. App. Rep. 241. Attorney-General v. Whelan [1934] I.R. 518. D.P.P. v. Lynch [1975] A.C. 653; [1975] N.I. 35; [1975] 2 W.L.R. 641; [1975] 1 All E.R. 913; (1975) 61 Cr. App. Rep. 6. In re J. (Wardship: Medical Treatment) [1991] Fam. 33; [1991] 2 W.L.R.......
  • N. (Otherwise K.) v K
    • Ireland
    • Supreme Court
    • 1 January 1986
    ...Public Prosecutions for Northern Ireland v. Lynch [1975] A.C. 653; [1975] 2 W.L.R. 641; [1975] 1 All E.R. 913; (1975) 61 Cr. App. R. 6; [1975] N.I. 35. Ussher v. Ussher [1912] 2 I.R. 445; (1912) 46 I.L.T.R. 109. Murray v. Ireland [1985] I.R. 532; [1985] I.L.R.M. 542. McK. v. McK. [1936] I.R......
  • R v Gotts
    • United Kingdom
    • House of Lords
    • 20 February 1992
    ...cases in this House and in the Privy Council to see whether any further guidance on the matter can be obtained therefrom. In R. v. Lynch [1975] N.I. 35, the Court of Appeal in Northern Ireland decided that the defence of duress was not open to a person charged with murder as a principal in ......
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