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Successful DPP appeal sees suspended sentence and €5K fine imposed on man who failed to pay excise duty

Summary

James Brophy, 46, of The Swan, Athy, was found guilty of excise duty evasion for importing over four million illegal cigarettes. A jury convicted him on 25 August 2010, and he was sentenced to 240 hours of community service in lieu of three years imprisonment on 12 October 2012. The Director of Public Prosecutions appealed, and the Court of Appeal imposed a new three‑year suspended sentence and a €5,000 fine. The fine was described by Mr Justice George Birmingham as "designed to sting." If the fine is not paid within 12 months, Brophy would serve 12 months imprisonment in lieu of the fine. The case involved customs officials finding the cigarettes at Brophy's warehouse, with a potential loss of €1.5 million in duty, tax and VAT. Brophy had no prior convictions and had previously completed community service. The appeal was successful, resulting in the suspended sentence and fine. James Brophy pleaded not guilty.

Who, what, where, when and why

What: Report matter: Successful DPP appeal sees suspended sentence and €5K fine imposed on man who failed to pay excise duty. Procedural stage: appeal. Findings: Found guilty

When:

• August 25 2010 Hearing Or Sentence
• October 12 2012 Hearing Or Sentence
• August 2010 Other
• 2014-12-08 Publication

Why: However, the extent to which Brophy benefited was not pursued in the detail and it might have been because his admission of wrongdoing came so late in the day, Mr Justice Birmingham said. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

Read the original CNI report