Consequences of an offense - are there any?

wowey

Firstly, is selling cigarettes illegally always treated by court as an offense or it depends on the quantity etc.? Secondly, what are practical, life-long consequences of getting an offense in Ireland?

Peregrinus

Whether minor conduct that is illegal gets prosecuted or not is not up to the courts; it's up to the prosecuting authorities — usually the guards but in a case of selling smuggled tobacco it might be the Revenue Commissioners.

As for the consequences of being convicted of an offence, apart from the immediate sentence - fine, imprisonment, whatever - the long-term consequences are mainly reputational, and their severity depends on the offence. Most people will dismiss a speeding conviction fairly readily, but a conviction for, e.g., assaulting a child will follow you around for a long time.

A conviction for dealing in smuggled tobacco is I think mainly going to affect your future relations with the Revenue Commissioners — expect a tougher time generally, and a lot more audits, especially if you are running any kind of business. It is an offence of dishonesty so it could cause banks, etc, to give you the hairy eyeball until you re-establish a reputation as an honest trader. It will need to be disclosed on the kind of passport applications that ask "have you ever been convicted of an offence?"

Victor

Any conviction, especially for smuggled tobacco or any other smuggling, might also raise alarms bells with customs and or immigration authorities elsewhere.

wowey

https://www.boards.ie/discussion/comment/121095372#Comment_121095372

Thank you for a detailed reply. The case is already in Court but I was wondering if there are any chances that there will be no conviction of an offence (first time, small amount) or the chances for that are rather slim? Also, it is not exactly the smuggling but selling (unless it is called smuggling in the law).

Peregrinus

If it's a first-time offence and the quantity is small, there is the chance of getting the Probation Act applied, which means no conviction is recorded and no penalty imposed. A hypothetical defendant hoping for this outcome would be well advised to retain a solicitor and follow that solicitor's advice.

As for the smuggling/selling distinction, the main concern about people selling cigarettes without a licence is that this will be part of a scheme whereby customs duties and/or excise on the cigarettes is avoided. It's the loss of revenue that mainly bothers the authorities. If you're selling cigarettes illegally, it's highly likely that those cigarettes are untaxed.

wowey

Thank you again.

Wanderer78

long term consequences can be fairly severe, many would remain long term unemployed, involved in criminality long term, in many cases life long involvement, struggle with addiction and mental health issues, engage in all sorts of dysfunctional behaviors, including dysfunctional relationships, societal ostracisation, and on and on and on.... not much fun really....

wowey

https://www.boards.ie/discussion/comment/121096220#Comment_121096220

My question was a little different - what are practical consequences, i.e. not being able to go to certain countries or apply for certain things. Thanks anyway.

wowey

https://www.boards.ie/discussion/comment/121095372#Comment_121095372

Just a little update: I have just contacted passport office and they said this question is not part of an application - but of course it might be a part of different types of applications.

Victor

https://www.boards.ie/discussion/comment/121096903#Comment_121096903

Convictions affect your ability to get into certain other countries, especially those requiring visas, not your ability to travel as such.

Peregrinus

https://www.boards.ie/discussion/comment/121096903#Comment_121096903

It's a common question on visa applications. If you apply for a visa (or a visa waiver) to visit the US or Australia, for example, you're likely to be asked this question.

disssco

First offence plead guilty and say sorry. Get a fine. Don't pay fine. Worst case scenario you do an hour in Midlands in a holding cell not with other prisoners. Then you get a bus ticket to go home..

If it's your only offence it will go away in 7 years. But yes until the. You may or may not have a criminal record depending on the judges breakfast that morning or whether he got his hole last night.