Tom Elyas sentenced for selling smuggled tobacco

A tobacconist who fled war-inflicted Iraq smuggled thousands in illicit cigarettes, selling them from two different shopfronts.

Tom Eylas fronts Broadmeadows Magistrates Court for charges of knowingly possessing smuggled goods.

A tobacconist who fled war-inflicted Iraq smuggled thousands in illicit cigarettes, selling them from two different shopfronts.

Tom Elyas pleaded guilty to one charge of knowingly possess smuggled goods in Broadmeadows Magistrates Court.

The court heard the 55-year-old — who arrived in Australia on a humanitarian visa before becoming a citizen — was selling the illegal cigarettes through his two tobacco shops.

About 7kg of loose tobacco and thousands of cigarettes were priced differently between the two shops.

State prosecutor Anthony Albore told the court Elyas had avoided more than $250,000 in excise by illegal possession of the tobacco products.

“A clear reason why excise and tax is attached to cigarettes is because of the health complications with smoking,” Mr Albore said.

Elyas’ attorney told the court the business owner had a lack of oversight on the now sold tobacco businesses.

“When we think of single cigarettes being sold, we think that can be to children and he understands the seriousness and has remorse,” the defence lawyer said.

“He has no prior conviction and wants to have a normal life... he is in between jobs and not on Centrelink.

“It’s an extreme embarrassment for him in the community.”

Elyas’ lawyer asked Magistrate Nahrain Warda to show leniency in sentencing.

“It could be a matter dealt with monetary penalty without conviction,” the defence lawyer said.

The court heard prior to selling the tobacco business, Elyas made $1000 per day in sales.

Ms Warda said she considered many factors in his sentencing.

“I take into account you pleaded guilty early and you come before court at the age of 55 with no prior history and that’s significant since you came to the country in 1992,” she said.

“Your character references show you play a significant role in your community and this offencing is out of character.”

Ms Warda told Elyas he had great prospects of rehabilitation in the society.

“I take in account the backdrop of conviction on record and the stigma attached to it,” she said.

“The court views you have great prospects of rehabilitation.”

Elyas was given a $5000 fine without conviction.