Reckless endangerment appeal judgment reserved

The Court of Criminal Appeal has reserved judgment on an appeal by two young men against their conviction and 15-month sentences…

The Court of Criminal Appeal has reserved judgment on an appeal by two young men against their conviction and 15-month sentences arising from the death of another young man in Dublin.

David Langan died some days after he sustained injuries during an incident at Portobello Bridge in August 2000.

The two appellants, who have been on bail since they were sentenced at Dublin Circuit Criminal Court, are Fergal Cagney (21), of Greenacres, Kilteely, Co Limerick, and his cousin, Ronan McGrath (20), of Deerpark Road, Castleknock, Co Dublin.

Both men were convicted by a jury on July 22nd, 2002, of the offence of reckless endangerment on August 26th, 2000, which led to the death of Mr Langan (19). Both were acquitted of manslaughter.

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In the Circuit Criminal Court, Judge Dominic Lynch said he accepted Cagney and McGrath had never intended to kill Mr Langan but told the jury, "The consequences cannot be overlooked."

In the appeal court yesterday, it was argued on behalf of Cagney that the trial judge had erred in refusing, at the conclusion of the prosecution case, to withdraw from the jury the charge of endangerment.

It was also submitted that the trial judge erred in finding that there was evidence which, if accepted by a jury, could have led to a conviction of the offence of endangerment.

It was argued that the jury's verdict was inconsistent insofar as McGrath was acquitted of manslaughter but found guilty of endangerment.

It was also claimed that the sentence imposed in each case was excessive.

Yesterday's appeal, which was opposed by the DPP, was before Ms Justice Denham, presiding, sitting with Mr Justice Ó Caoimh and Mr Justice Butler. Ms Justice Denham said the court would reserve its decision.