The Supreme Court is to clarify whether duress can be raised as a defence to a charge of murder.

The issue has arisen in the appeal of Jonathan Dunne who shot his friend Ian Kenny at close range in the passenger seat of a car at Lakelands Road, Stillorgan, Dublin in July 2007.

The 21 year old remained in a vegetative state for 2 years and died in hospital in July 2009.

Dunne (28) of Windmill Park, Crumlin claimed he had killed his friend because unnamed individuals had threatened his life and the lives of his family.

At his trial in 2012 the judge ruled that he could not rely on the defence of duress on a murder charge.

He was convicted by a jury at the Central Criminal Court and subsequently lost an appeal against his conviction.

However today the Court of Criminal Appeal decided to refer his appeal to the Supreme Court because it raises points of law of exceptional public importance.

It wants the higher court to consider whether duress can ever be a defence to murder, even a partial defence that would reduce a killing to manslaughter.

As the law stands, duress is a defence to all criminal charges except murder.

The court notes any changes may require legislation.

The Supreme Court has also been asked to consider whether Jonathan Dunne's murder conviction is safe given the two year gap between the gun attack and Ian Kenny's death.