A STREET trader with 39 previous convictions lost his temper when he was found illegally importing almost 19,000 cigarettes from Las Palmas.
The cigarettes were valued at £2,366, Judge Cyril Kelly was told at Dublin Circuit Criminal Court. Kendal Staunton (36), of Constitution Hill, Dublin, threw the cigarettes across the lounge at Dublin Airport after becoming aggressive and using foul language.
Garda John McDonald told Mr Gerry O'Brien, prosecuting, that Staunton tried to recover the cigarettes. He lunged at one Customs officer, missed him and struck a second officer in the chest.
Staunton pleaded guilty to being knowingly involved in attempting to evade paying excise duty on the cigarettes and to assault on April 30th, 1994.
His 39 previous convictions covered larceny, burglary, casual trading and assault, for which he was given an 18 month sentence by the District Court.
Mr Niall Durnin, defending, said his client regretted "losing his cool" and apologised. Mr Durnin suggested that while he had pleaded guilty to the cigarettes charge, the prosecution would have had difficulty proving it in a trial.
Mr Durnin said the mandatory penalty for the excise charge was a fine three times the value of the cigarettes, but he asked Judge Kelly to recommend that this be mitigated by the Revenue Commissioners.
Judge Kelly imposed the mandatory penalty with the recommendation that it be mitigated. If the sum agreed by the Revenue Commissioners was not paid within three months, Staunton would serve nine months.
He imposed a further 12 months suspended on Staunton for the assault and bound him to the peace for three years.
"If he commits even one petty offence in the next three years he will serve this 12 months as well," Judge Kelly added.