Mackey loses appeal against two-year prison sentence

Seán Mackey has lost his appeal against the two-year sentence imposed on him for violent disorder outside a Dublin nightclub …

Seán Mackey has lost his appeal against the two-year sentence imposed on him for violent disorder outside a Dublin nightclub when student Brian Murphy sustained fatal injuries in a row.

Mackey (23), South Park, Foxrock, Dublin, was not contesting the conviction, rather the severity of the sentence.

The brief ruling was delivered this morning by Ms Justice McGuinness with Mr Justice Butler and Mr Justice Abbott.

The three judges concluded that in Mackey's case, the trial judge had carried out his task of analysing and weighing the aggravating and mitigating factors with great care and that it was their view that he reached a just and fair balance in imposing sentence.

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Delivering the ruling Ms Justice McGuinness said: "The learned trial judge did not err in principle in the sentence which he imposed and this court will not interfere with it. The applicant's appeal will therefore be dismissed."

Brian Murphy's parents and members of Mackey's family were in court to hear the judgment.

Counsel for Mackey had argued the sentence was excessive and pointed to a disparity between it and a nine-month sentence imposed on another man for violent disorder arising out the same incident.

Mackey was sentenced to two years on March 15th when he was convicted of violent disorder in relation to the incident outside Anabel's nightclub, at the Burlington Hotel, Dublin, in August 2000.

The jury failed to reach a decision on a charge of manslaughter against him and the DPP later indicated that he would not be proceeding with a retrial on that count.

Mackey has been in jail since.

Also last March, Dermot Laide (22), Castleblayney, Co Monaghan, was jailed for four years for the killing of Brian Murphy. Laide also received a concurrent two-year term for violent disorder.

Desmond Ryan (23), Dalkey, Dublin, was given a nine-month sentence for violent disorder and was acquitted by the jury of a manslaughter charge.

Both Laide and Ryan are appealing the severity of their sentences.