Woman given suspsended sentence for having over 80,000 untaxed cigarettes in home

By Eimear Dodd

A woman found with over 80,000 untaxed cigarettes in her home has been given a suspended sentence at Dublin Circuit Criminal Court.

Joanna McGuinness (41) pleaded guilty to a charge of evasion of excise duty on cigarettes and tobacco found at her home in Paul Street, Dublin 7 on June 23, 2022.

A customs officer told Fiona McGowan BL, prosecuting, that McGuinness’s home was searched under warrant. She was not at home when they arrived, but returned after a neighbour contacted her.

McGuinness opened a downstairs room and pointed to two open boxes, telling the customs officers “This is what you are looking for.”

The boxes contained over 80,000 cigarettes and 35kg of tobacco, without the required tax stamps on them. Dublin Circuit Criminal Court heard the total loss to the exchequer was €66,881. The cigarettes and tobacco were seized.

After hearing facts on Tuesday, Judge Martin Nolan adjourned the case overnight to consider sentence.

On Wednesday, he handed McGuinness a sentence of three years but suspended it entirely, because of the effect her imprisonment would have on her child.

Judge Nolan said but for the fact that McGuinness has sole care of two children, one with serious problems, she deserves to go to prison.

“With some degree of reluctance, by reason of the loss to the State and her previous bad character, I’m not going to send her to prison. It would cause serious difficulties for the child,” said the judge.

McGuinness has a number of previous convictions, including for Revenue offences.

The witness agreed with Paul Comiskey O’Keeffe BL, defending, that a quantity of cash was also seized during the search, but later returned to his client. It was also accepted that the guilty plea was of value.

Mr Comiskey O’Keeffe outlined his client’s background and personal circumstances to the court. McGuinness developed addiction issues as a teenager. She has two children, who both have health issues.

A number of testimonials were handed to the court. Mr Comiskey O’Keeffe said his client is now working and in a “stable period” of her life.