Abbott v The Queen [1977] AC 755 Privy Council

Abbott had taken part in a brutal killing following death threats against himself and his mother. He had held the victim whilst she was being attacked with a cutlass and then buried her alive. He was convicted of murder and sentenced to death. He appealed his conviction contending the defence of duress should have been available.

Held:

Appeal dismissed and conviction upheld (Lord Wilberforce and Lord Edmund Davies dissenting)

The defence of duress is not available for murder to a principal in the first degree.

Back to lecture outline on the defence of duress in criminal law