4 days ago
Couple who run heating oil company caught with 160,000 counterfeit cigarettes
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While Laura Murphy walked free after her four month jail sentence was suspended, her husband William was ordered to serve six months in prison
Fraudsters William and Laura Murphy who were sentenced today
While 32-year-old Laura Murphy walked free from Antrim Crown Court after her four month jail sentence was suspended for three years, her husband William (49) was ordered to serve his six month sentence in prison.
Judge Alistair Devlin said he was distinguishing between the pair because Mrs Murphy had 'played a somewhat lesser role' in the offending.
At an earlier hearing the couple, both from Craig's Road in Cullybackey, admitted that on 4 July 2023 they acquired possession of prohibited goods, namely 160,018 cigarettes, 'with intent to defraud His Majesty of any duty payable on the goods, or to evade any such prohibition or restriction.'
They also admitted to being 'knowingly concerned in carrying, removing, depositing, harbouring, keeping or concealing, or in any manner dealing with the goods and that you did so so with intent to defraud His Majesty of any duty payable on the said goods, or to evade any such prohibition or restriction with respect to the said goods.'
They further admitted they were 'knowingly concerned in, or in the taking of steps with a view to, the fraudulent evasion of VAT.'
In his sentencing remarks today, Judge Devlin outlined that when HMRC officers attended the couple's business Town Fuels Ltd to test fuels they had stored, one of the officers spotted a blue Ford Transit van parked in a shed.
'It appeared to contain 15-16 boxes stored in the rear,' said the judge adding that when the couple were asked about it, Mr Murphy said it was 'nothing' while his wife said she was just about to the their children out in the van.
The court heard when the HMRC officers examined the van however, they uncovered 16 boxes of Lambert & Butler cigarettes and Judge Devlin added that as well as not having duty paid stamps on them, it also transpired the cigarettes were 'entirely counterfeit.'
In total, HMRC seized 160,000 cigarettes and the judge told the court that taking into account duty and VAT payable, there was a total loss to the Exchequer of £80,728.
Despite their claims the cigarettes were for personal use, Judge Devlin said even if the pair smoked day after day, the haul 'would have lasted more than 10 years.'
Fraudsters William and Laura Murphy who were sentenced today
News in 90 seconds - June 2nd
The judge was scathing in his comments regarding the approach taken by the couple, highlighting how they had given little cooperation to the investigation or of how they came to have the cigarettes or what they intended to do with them.
He said while Mr Murphy claimed to a probation officer, after he admitted his guilt, that he was to be paid £400 to store the illegal cigarettes, 'the truth of that is completely impossible for the police to investigate or accept, given the grossly late stage that has been offered.'
Describing the claim as potentially a 'cynical attempt to minimise his own role,' Judge Devlin said despite Mr Murphy's efforts to persuade the court 'just to take his word for it…the problem with that is that this defendant has shown himself as an individual whose word cannot be trusted.'
'Lies were told by the defendants,' the judge added so in circumstances where there is a doubt, 'that doubt should not be taken in their favour.'
He told the court that apart from the loss to the Exchequer, the cigarettes in this case were counterfeit so while lawful cigarettes are harmful enough, 'manufacturers of counterfeit cigarettes are not likely to use quality materials' so they would be even more harmful.
Judge Devlin said the authorities were clear in that deterrent sentences were called for in all but exceptional cases.
In Mr Murphy case, he told the court 'I can find no such exceptionality' so he ordered him to serve his six month sentence in jail but Mrs Murphy, who is the primary carer of their children and her mother and who played a lesser role, had her four month sentence suspended for three years.
