A MAN has avoided an immediate spell behind bars after admitting selling thousands of fake Apple products.
Andrew Peter Twigg, of Manor Drive in Barnton, set up a company to sell spare parts and accessories for Apple iPhones and iPads via an eBay store and his own company website.
The 37-year-old was appearing at Chester Crown Court on Friday, February 4, after entering guilty pleas to a total of 13 counts at an earlier hearing.
Matthew Corbett-Jones, prosecuting, told the court how nine of the charges related to trademark offences and four of them related breaches of the Electrical Equipment Safety Regulations 2016.
"He set up a company called Twigg Tech Limited in October 2015," Mr Corbett-Jones said.
"The company was operating from a subtantial wooden cabin situated in the back garden of the property.
"Between October 2015 and October 2018, the company had a turnover which was in excess of £960,000.
"The declared taxable profit over that three-year period was in excess of £108,000."
After a referral was made by the Intellectual Property Office, Cheshire West and Chester Council officers and the police carried out a search at Twigg's home and 5,147 items were seized.
Of those, 95 per cent of them were found to bear marks likely to be considered trademarks of Apple or Underwriters Laboratories (UL).
Mr Corbett-Jones added: "An examination of eBay sales between March 2015 and March 2019 suggests that at least 17,615 out of 94,605 sales were for infringing items, indicating a sales value of in excess of £64,000.
"Further examinations were carried out on sample of power supplies and car chargers seized in April 2019, revealing breaches of the electrical equipment regulations.
"When interviewed by police, Twigg said he believed the items to be safe, due to the lack of complaints received."
Peter Gilmour, defending, said his client was full of genuine remorse about what he had done.
"It had started off as a hobby," said Mr Gilmour.
"Before he spotted an opportunity to make some profit and wrongly decided to take that course.
"There is no evidence of substantial harm done to Apple, with it being such a large company, which is not to take anything away from the offending.
"He has no previous convictions, is a family man of good character and is thoroughly ashamed he got himself involved in the offending.
"I don't seek to imply that he didn't know what he was doing.
"The profit became a focus, but what he was doing was unlawful."
Recorder Simon Parrington told Twigg he was satisfied the offences had crossed the custody threshold.
"They took place of over a substantial period of time," he said.
"These regulations are there to protect the public, consumers and the manufacturers.
"It is wholly appropriate in this instance to impose a custodial sentence but due to the mitigating factors, it can be suspended case."
He sentenced Twigg to serve two years in prison, but suspended it for a period of 18 months.
He fined the company, which is now in the process of being wound down, a total of £113,000.
Twigg must also complete 250 hours of unpaid work.
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