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In order to discuss the issue raised by the statement of Lord Brandon of Oakbrook, it will be necessary to concentrate on the relevant case law associated with duress and murder.
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CRIMINAL LAW SEMESTER A COURSEWORK 2003-2004 PART B In order to discuss the issue raised by the statement of Lord Brandon of Oakbrook, it will be necessary to concentrate on the relevant case law associated with duress and murder. The defence of duress, when successfully pleaded results in a complete acquittal of the defendant, but it may not be pleaded as a defence to murder. However, in DPP v Lynch1, the 3-2 majority decision of the House of Lords allowed the defence of duress to a murderer who would otherwise be found guilty as a principal in the second degree. It was said to be a "concession to human frailty." This decision was backed up by the Privy Council's 3-2 majority decision in the case of Abbott2 where Lynch was used as an authority for the fact that duress could not be considered by the jury as an...
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