15/02/2013

Sentence Reduced In Garlic Import Duty Case

Garlic importer Paul Bagley has had his 6-year jail term, for failing to import duty on garlic, reduced to two years by the Court of Criminal Appeal.

The court had ruled last month that the original sentence was excessive but Begley had remained in custody pending further submissions last week on an alternative sentence.

The court ruled today that in order to reflect the gravity of the offence, while crediting Begley with significant mitigating factors, the appropriate sentence was two years.

In today's ruling, the three-judge appeal court said the offences were both notable and significant and constituted a significant infringement of criminal law.

They were carefully planned and involved premeditated acts of deception.

Therefore, the court ruled, an element or aspect of general deterrence "was appropriate to demonstrate the consequences of this type of behaviour".

Begley has served almost a year of his sentence and with remission could be released in the coming months.

(H)


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