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.
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