Courts / Dublin / Report
State drops attempted murder charge after judge notes difficulty in proving cases
Summary
The State has withdrawn the attempted murder charge against Philip Cox, a 40‑year‑old man, after a second Central Criminal Court jury failed to reach a verdict. The charge was dropped following a nolle prosequi entered by the Director of Public Prosecutions, as the judge noted the high standard required to prove an attempted murder, which demands proof of both an attempt to kill and an intention to kill. Cox had pleaded not guilty to the attempted murder of his former partner, Cristal O'Brien, but had pleaded guilty to assault causing harm, aggravated burglary and the production of a knife. The judge directed that the case proceed to a sentence hearing on the three remaining charges, with Cox remanded in custody until the hearing on 20 January. The victim, Ms O'Brien, expressed satisfaction with the decision, and the judge highlighted the difficulty juries face in proving the specific intent required for attempted murder.
Who, what, where, when and why
What: Report matter: State drops attempted murder charge after judge notes difficulty in proving cases. Charges or matters: the attempted murder of his former partner, Cristal O'Brien, at the flat complex on December 1, 2022; assault causing harm, aggravated burglary and to the production of a knife during the course of the dispute. Procedural stage: sentence
When:
- December 1, 2022 Incident
- January 20 Adjournment
- 2024-12-18 Publication
Why: In order to return a guilty verdict, the jury were told they had to be satisfied that there was an attempt to kill and that there was an intention to kill. CNI source report
Case subjects
Accused
Charges: the attempted murder of his former partner, Cristal O'Brien, at the flat complex on December 1, 2022; assault causing harm, aggravated burglary and to the production of a knife during the course of the dispute (Alleged Or Contested)
Plea: Not guilty
Outcome: The judge said the court could proceed when appropriate to a sentence hearing on the three outstanding charges to which the defendant had already pleaded guilty to.; The judge remanded the defendant in custody on the remaining counts until that date.
Places mentioned
- Central Criminal Court
- Tallaght
- York Street
- Wheatfield Prison
Topics
Burglary Stage Sentence Violent Crime
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