Prosecution News from Coventry Trading Standards - 29 November 2018

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Prosecution News from Coventry Trading Standards - 29 November 2018

In this issue:

Local Prosecution News

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On 14/11/2018, Mr Simand Hamid Muhammad, age 36, pleaded guilty at Warwick Crown Court of being in possession for supply of illegal cigarettes and tobacco.

On 12/07/2018, a warrant was executed on the home address of Mr Muhammad at Cleveland Road Coventry where 10,220 packets of cigarettes and 710 pouches of hand rolling tobacco were found. Roughly half of the cigarettes and tobacco were found to be counterfeit, whilst the other half was foreign labelled packets. The illicit resale value of the seizure was estimated to be in excess of £40,000.00.

Initially, Mr Muhammad claimed he was not aware that the goods were illegal, and he was just storing them for a friend. However he claimed to know no more than the first name for this male who was never traced.

Mr Muhammad was sentenced to ten months’ imprisonment suspended for 12 months and 150 hours community service.

An order for forfeiture and destruction was made.

In her summing up of the case, Her Honour Judge de Bertodano made the following comments on sentencing "you are here because in July when Trading Standards searched your address, you were found to be storing counterfeit products with a value in excess of £40k – half counterfeit many of the remainder sold under brand names not registered and not subject to safety standards."

"The people involved in selling these sorts of goods are undermining legitimate businesses and putting people at risk re safety standards. People making large profits are reliant on help of people like you."

"I accept your reward for doing this was limited. The maximum sentence is 10 years imprisonment. By agreeing to do this you have put yourself in real danger of going to prison for a long time."

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and another Trading Standards success...

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On 26/11/2018 Mr Jabar Salihy, age 25, pleaded guilty at Coventry Magistrates Court of being in possession of illegal cigarettes.

Mr Salihy, of Trentham Road, Coventry was stopped by Police in March 2018 after the vehicle he was driving appeared to be trying to evade Police Officers.

A search of his vehicle found numerous boxes and bin bags full of cigarettes which officers originally believed to have been stolen. A later search of his home address revealed further quantities of cigarettes. Investigations showed these not to be stolen but smuggled and not labelled with the English heath warning, so the case was passed over to Trading Standards.

The quantity of illicit goods seized which amounted to 2329 packets of cigarettes and 22 pouches of hand rolling tobacco, coupled with the various brands, made it obvious that this was a commercial enterprise as opposed to personal use. Mr Salihy stated they were to be sold at Aqua Supermarket in Harnell Lane where he works. In October 2018, the previous owner of Aqua was prosecuted for illicit cigarettes found hidden in boxes on top of a fridge found in November 2017. Following that seizure the shop changed hands and is now under new ownership.

Had they been legal, their approximate value would have been around £20,000.

Mr Salihy, who is a worker at Aqua Supermarket, Harnell Lane, pleaded guilty and was given a 12 month community order with the requirement of 120 hours unpaid work, and a £983.00 fine.

The forfeiture and destruction of the seized goods was also ordered.

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Fine for underage sale of cigarettes

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On 19/11/2018 M & D Cleaners Limited, who trade as Sam Mini Market on the Foleshill Road pleaded guilty to charges at Coventry Magistrates to an offence of selling cigarettes to a young person under the age of 18. 

On 10 March 2018 a covert visit was made by a 16 year old young person accompanied by Trading Standards Officers. The young person was sold a packet of 20 Marlboro cigarettes for £10.99. 

Signs in the shop stated: ‘it is illegal to sell tobacco products to anyone under the age of 18’ but no ID was requested. 

M & D Cleaners Limited was fined £1666.00, and ordered to pay £1102.00 in costs with a £170.00 victim surcharge. 

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For more information on scams, visit: www.coventry.gov.uk/scams

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