Wednesday 13 December 2017

Cork man who caused deaths of two teenagers through dangerous driving loses appeal

Brian Kavanagh

A CORK man has failed in an appeal against his conviction and six-year sentence for dangerous driving causing the death of two teenagers.

In December 2010 Philip Murphy (43) with a last address at Killala Gardens, Knocknaheeny was jailed for six years by Judge Patrick Moran having been convicted by a Cork Circuit Criminal Court jury of dangerous driving causing the death of CJ Dolan (16), and Derry O’Callaghan (19) on Harbour View Road, Cork on May 13th, 2010.

The court heard the incident arose out a feud between two groups and that a car driven at speed by Murphy's co-accused James Simms (30) was rear-ended by a car driven by Murphy before it impacted on a wall. The two teenagers were passengers in the car driven by Simms.

The Court of Criminal Appeal this afternoon dismissed the application brought by Murphy, having found there was no evidence of a risk of an unfair or unsatisfactory trial having taken place.

Mr Justice Adrian Hardiman, presiding, said it had not been established that an “invidious” distinction had been drawn between Murphy and his co-accused Simms, who was jailed for four years for the same offence.

He said that the six year sentence was “in no way excessive” and was lenient given the “appalling nature” of the offence.

Mr Justice Hardiman added that if Murphy were to continue in a “life of crime” he would spend the rest of his life in jail and it would be wholly his own fault.

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