Courts / Wicklow / Report

Wicklow man appeals against conviction for killing three-and-a-half month old baby

Date
2015-02-27
Stage
Appeal
Primary locality
Wicklow
County
Wicklow

Summary

Philip Doyle, 38, of Wicklow, was convicted of manslaughter for the death of his ex‑fiancée's three‑and‑a‑half‑month‑old baby, Ross Murphy, in 2005. The Central Criminal Court found the death an accident after a four‑week trial, and Doyle received an 11‑year sentence in May 2012. Doyle now appeals, arguing the original trial failed to properly direct the jury on the evidence of the baby's ill health and the lack of intent for murder. He contends that the prosecution's reliance on a paediatric study was unreliable and that the judge did not explain why the murder charge was withdrawn. The appeal is before the Court of Appeal, with the prosecution yet to reply. The case remains at the manslaughter conviction stage. Philip Doyle pleaded not guilty.

Who, what, where, when and why

What: Report matter: Wicklow man appeals against conviction for killing three-and-a-half month old baby. Charges or matters: the murder of baby Ross Murphy at Creagh Demesne, Gory, Co Wexford, on April 5 2005. Procedural stage: appeal

When:

Why: It would have helped his client because the specific intent required to raise manslaughter to murder did not exist – there was no evidence of either the mechanism used or the amount of force used to cause the death of baby Ross. CNI source report

Case subjects

Philip Doyle

Appellant

Charges: the murder of baby Ross Murphy at Creagh Demesne, Gory, Co Wexford, on April 5 2005 (Alleged Or Contested)

Plea: Not guilty

Outcome: Doyle was subsequently sentenced to 11 years imprisonment by Mr Justice McCarthy on May 15, 2012. Mr Justice McCarthy said, in sentencing Doyle to 11 years, that there was no mitigating factors in this case and the sentence is not an "exercise in vengeance" but that it ranked in the 10 to 12 year category.

Places mentioned

Secondary Mention
Court Venue
  • Central Criminal Court
  • Court of Appeal
Facility
  • Wexford General Hospital
  • Our Lady's Children's Hospital

Topics

Stage Appeal Violent Crime

Related court reports

Read the original CNI report

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