Man who was caught with large haul of cigarettes and tobacco is jailed

By Sonya McLean

A man who was caught with a large haul of cigarettes and tobacco which he claimed he was selling onto traders has been sentenced to 16 months in prison.

The court heard that the exchequer was at a total loss of €121,565 because David Clarke had not paid any tax or excise duties on the products, which included 74,148 cigarettes and 141kg of tobacco.

Clarke (61) of St Attracta Road, Cabra, Dublin 7, pleaded guilty at Dublin Circuit Criminal Court to evading excise duty on cigarettes and fine cut tobacco for the rolling of cigarettes with the intent to defraud the State on September 5, 2022.

The products were found in his home and a shed in the back garden of a second house he was renting out on the same road.

He has previous convictions for minor road traffic offences.

The court heard that Clarke admitted that he had sourced the products and was giving them out to traders – he didn’t clarify who he had sourced the cigarettes and tobacco from.

Fiona McGowan BL, prosecuting, said €65,000 was also found during the search but the State didn’t currently have an application in relation to that cash.

Eilis Brennan SC, defending, said her client retired about 22 years ago having previously run a successful newsagents.

He had an accident in 2015 during which he fractured his skull and he has been on medication since.

The injuries sustained made it difficult for him to find work and his mortgage went into arrears, Ms Brennan told the court.

“He succumbed to this temptation,” counsel said, adding that her client now realises the harm his offending causes to society.

She said he is a carer for his 87-year-old mother and brings her to medical and other appointments.

Clarke also does voluntary work for Vision Ireland and helps out with his local soccer club.

“He has lived a fairly blameless life. It was a very bad mistake that he regrets terribly,” counsel said before she added that Clarke has assured her that this is not something he is going to get involved in again.

Passing sentence yesterday, Judge Martin Nolan said Clarke’s wrongdoing was too great to avoid a custodial term.

Judge Nolan said mitigation in the case was clear in that Clarke had pleaded guilty, cooperated with the guards and was unlikely to reoffend.

The judge further accepted that Clarke had a long work history and was a very good son and carer for his mother, as well as a good and respected community man.

But Judge Nolan said that the State needs the funds from excise duties to provide essential services, and described the amount of cigarettes and tobacco involved in the case as “relatively large”.