Malik and Abbott v The Queen

JurisdictionUK Non-devolved
Judgment Date1973
Year1973
Date1973
CourtPrivy Council
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25 cases
  • R v Howe; R v Bannister; R v Burke; R v Clarkson
    • United Kingdom
    • House of Lords
    • February 19, 1987
    ...a reconsideration of the much discussed decisions in Director of Public Prosecutions for Northern Ireland v. Lynch [1975] A.C. 653 and Abbott v. The Queen [1977] A.C. 755. 7 In answering the second question, the Court of Appeal invited us to reconsider the decision of the Court of Appeal in......
  • Dunne v DPP
    • Ireland
    • Supreme Court
    • May 11, 2016
    ...similar views. Lord Simon and Lord Kilbrandon dissented. 132 The next development was the decision of the Privy Council in Abbott v. R. [1977] A.C. 755. In that case the appellant was charged as a principal in the first degree, and the issue was whether the defence of duress was available. ......
  • R v Jogee
    • United Kingdom
    • Supreme Court
    • February 18, 2016
    ... ... (Appellant) Ruddock (Appellant) and The Queen (Respondent) (Jamaica) [2016] UKSC 8 ... Lord Neuberger, ... ...
  • R v Gotts
    • United Kingdom
    • House of Lords
    • February 20, 1992
    ...of these observations to treat them as recognising the availability of the defence of duress to a charge of attempted murder. 17 In Abbott v. The Queen [1977] A.C. 755, the Privy Council by a majority held that on a charge of murder the defence of duress was not available to a principal in ......
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9 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • August 29, 2018
    ...OF CASES References are to page numbers Abbott v The Queen [1977] AC 755, [1976] 3 WLR 462, [1976] 3 All ER 140, PC 58 Agip (Africa) Ltd v Jackson [1990] 1 Ch 265, [1989] 3 WLR 1367, [1992] 4 All ER 385, ChD 210 Air Canada v Secretary of State for Trade [1983] 2 AC 394, [1983] 2 WLR 494, [1......
  • Notes
    • Canada
    • Irwin Books Archive Getting Away With Murder. The Canadian Criminal Justice System Conclusion
    • August 27, 1999
    ...Fitzjames Stephen, A History of the Criminal Law of England, vol. 2 (New York: Burt Franklin, 1883) at 107-8, cited in R. v. Abbott, [1977] AC 755 (Stuart 427). 28 The Supreme Court of Canada has since removed constructive murder from the law as being unconstitutional, on the footing that n......
  • The Appellate Judgment
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • August 29, 2018
    ...murder, I drew attention, at p. 440, to two statements contrasting the functions of Parliament and the judges. In Abbott v The Queen [1977] A.C. 755 Lord Salmon said, at p. 767: ‘Judges have no power to create new criminal offences; nor in their Lordships’ opinion, for the reasons already s......
  • From Criminal Law to Legal Theory: The Mysterious Case of the Reasonable Glue Sniffer
    • United Kingdom
    • Wiley The Modern Law Review No. 65-4, July 2002
    • July 1, 2002
    ...4 All ER 961: see n 3 above, ch 8 and below, p 552.22 DPP for Northern Ireland vLynch [1975] AC 653.23 ibid 707.24 Abbott vR[1977] AC 755.25 ibid 772.26 [1971] 2 All ER 175.July 2002] From Criminal Law to Legal TheoryßThe Modern Law Review Limited 2002 month old baby had illegally entered a......
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