The Director of Public Prosecutions v Francis Burke

Date

19 December 2022 

Venue

Dublin Circuit Criminal Court

Judge

Her Honour Judge Pauline Codd

Summary

At Dublin Circuit Criminal Court, Judge Codd sentenced Francis Burke with an address at 132 Cabra Park, Dublin 7.

Francis Burke pleaded guilty to the following offences: 

• Count 2: did keep for sale or delivery specified tobacco products, to wit, 142,560 cigarettes and 26.4 kilos of hand rolling tobacco, otherwise than in a pack or packs to which a tax stamp, by means of which Tobacco Products Tax at the appropriate rate has been levied or paid in respect of such tobacco products, is affixed to each such pack in the prescribed manner, contrary to Section 78(3) and (5) of the Finance Act 2005, and as amended by Section 77 of the Finance Act, 2008 and Section 101 of the Finance Act 2010 and Section 56 of the Finance Act, 2013.
• Count 3: was concerned in the evasion of a duty of excise on excisable products, to wit, 142,560 cigarettes and 26.4 kilos of fine cut tobacco for the rolling of cigarettes, in respect of which a duty of excise was for the time being payable, with intent to defraud either directly or indirectly the State of such duty, contrary to section 119 (2) and (3) of the Finance Act, 2001 and as amended by Section 138 of the Finance Act, 2002 and Section 77 of the Finance Act, 2008 and Section 99 of the Finance Act, 2010.

Outcome

On the 19 December 2022 Judge Codd sentenced Francis Burke to four years imprisonment. One year was suspended as he had entered a guilty plea at an early stage and the remaining three years suspended in full for three years.