Courts / Dublin / Report
No jail for man who evaded duty on over €100k worth of tobacco
Summary
In a Dublin Circuit Criminal Court hearing on 19 December 2022, 66‑year‑old Francis Burke of Cabra Park pleaded guilty to possession of and evasion of excise duty on cigarettes and tobacco seized from his home on 19 February 2021. Customs and excise officers had found 142,560 cigarettes and 24.6 kg of tobacco, worth €116,075, without tax stamps, amounting to €91,484 in unpaid excise duty. Burke, who described himself as having a drinking problem and living in modest circumstances, had no prior convictions. Judge Pauline Codd noted the significant revenue loss but also considered his financial hardship, heavy drinking, and engagement with the Peter McVerry Trust. She imposed a three‑year sentence, suspended in full on strict conditions, and did not order custodial imprisonment. The case highlighted the court's balancing of fiscal loss against the defendant's personal circumstances.
Who, what, where, when and why
What: Report matter: No jail for man who evaded duty on over €100k worth of tobacco. Charges or matters: possession of and evasion of excise duty on the cigarettes and tobacco seized from his home on February 19, 2021. Procedural stage: sentence
When:
- February 19, 2021 Incident
- 2022-12-19 Publication
Case subjects
Defendant
Charges: possession of and evasion of excise duty on the cigarettes and tobacco seized from his home on February 19, 2021 (Admitted)
Plea: Guilty
Outcome: Passing sentence today, Judge Pauline Codd noted there had been a very significant amount in terms of revenue lost to the State but took into account that Burke had not been benefiting from the offences and was living in very modest circumstances. Judge Codd imposed a three-year sentence which she suspended in full on strict conditions.
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