Senior judge chastises Yorkshire pensioner for dealing counterfeit cigarettes telling him he is 'depriving the NHS of funds at a vital time'

The Recorder of York, Judge Sean Morris, told 71-year-old Kenneth Wood he had robbed the NHS and other vital services so he could smoke cigarettes and make money for himself.

York Crown Court heard how Wood, of Malton, was captured on CCTV moving several boxes of counterfeit cigarettes from a storage unit he was renting at an industrial site to his car.

Prosecuting, Angus McDonald explained how Her Majesty's Revenue and Customs (HMRC) became suspicious of Wood's activity and a search of the unit uncovered counterfeit cigarettes valued at around £85,000, together with 112 kilograms of hand-rolled tobacco.

Mr McDonald said: "This was £51,472 worth of duty that had not been paid."

Further CCTV footage captured Wood moving four boxes from the unit on September 19, 2019, two boxes on September 28, 2019, four boxes on October 15, 2019 and three boxes on October 22, 2019.

A search was carried out at his home in Malton on December 17, 2019, where a further 123 sleeves of cigarettes were recovered in the kitchen, along with 53 packets of branded cigarettes.

"The total duty evaded was £54,126.41," Mr McDonald said.

In interview, Wood told officers he had sold the cigarettes to make money to live on, despite having money in his savings and current account.

Wood pleaded guilty to fraud when he appeared at York Magistrates Court on January 5.

He appeared at York Crown Court on Thursday to hear his fate.

The 71-year-old who suffers with diabetes and is seen regularly by his doctor, avoided being sent to prison because of his age, ill health and Covid-19 pandemic.

Addressing him, Judge Morris said: "Do you get seen by your doctor for your diabetes? How do you think that is paid for? How do you think the NHS gets money?

"They get it from tax, including on duty. What you are doing is robbing the National Health Service in a way and the defence, and education.

"The only reason I am not putting you down the stairs is because you are of frail health. You're 71 and apart from a minor problem with a dodgy car you've never been in trouble in your life.

"But I am going to make you pay for it and there will be more money taken off you still."

Wood was fined £8000.

He was also sentenced to eight months in prison suspended for a year.

"Stay out of trouble and that's the end of it.," the judge warned.

A proceeds of crime hearing is expected to take place at a later date.