```markdown # IN THE COURT OF APPEAL OF THE CAYMAN ISLANDS ## CRIMINAL APPEAL 6/16 (Petcu) IND 8/16 10-11/16 C# C#06682/15 CICA 7/16 (Bud-Popa) IND12/16 C#06692/2015 ## BETWEEN: **HER MAJESTY THE QUEEN** - and - **Ionut-Catalin Petcu (IP)** **Marius-Ioan Bud-Popa (IP)** **Respondent** **Appellants** **Before:** The Hon Sir George Newman, Justice of Appeal The Hon Sir Richard Field, Justice of Appeal The Hon (Cecil) Dennis Morrison, Justice of Appeal **Appearances:** Toyin Salako for DPP/ Petcu & Bud-Popa in person/Romanian INTERPRETER for Bud-Popa translating. ## JUDGMENT Revised from transcript of oral judgment given on August 2016 and Approved Released 10 January, 2017 --- The Honourable George Newman, JA
These appellants appeal against sentences imposed upon them by acting judge Mr Justicelalcolm sitand Court on 16th of Alastair Ming in the (March 20 Gr16.
They each pleaded guilty to offences, in particular, the offence of conspiracy to defraud and a number of offences which represented the various overt acts of dishonesty committed in the course of the conspiracy. Each of them were ```
```html sentenced to 30 months' imprisonment for the conspiracy to defraud, and to concurrent sentences of nine months in respect of the other counts. 3. There were five defendants before the court in connection with the conspiracy. All of them pleaded guilty to this principal charge for which the court was required to sentence them. 4. Each of the appellants has appeared in person. They have maintained that the sentence of 30 months is harsh and excessive and that it has been based on errors made by the judge as to the intended harm and the actual harm to which the implementation of the conspiracy actually gave rise. 5. As I indicated in the course of the argument this morning, the proper approach to sentencing in respect of offences such as these is that you have regard to the charge which embraces the criminality involved. The criminality which the court was concerned with, and with which this court is also concerned, is that these defendants joined together in a criminal enterprise which was, by its agreement, had as its objective to cause financial harm to banks and account holders in the Cayman Islands to whatever extent they were able to achieve. 6. The question of what harm was intended is, fact is answered by paying regard to what was done to implement the conspiracy, but the central point is what the court can be satisfied was the obvious intended harm to which their agreement gave rise. 7. This was a sophisticated conspiracy. This court has regard to the careful planning a tion and bertise in c the extent data whiconnection and preparhe use of e with card of the carch was expdata, ters in resp count hold 1em for acg conspiracyhe data wdeilable ttheuter fileon Island PIN numbect of acco thn the cos the Cayds. of the v, namely tavaich wasmrs outsima purpos hpanying
These appellants arrived together in the Cayman Islands on the 30th of October 2015. They came from Jamaica in company with a third conspirator. Their journey from Romania to Cayman was for the purposes of the conspiracy. The ATMs in Cayman were known at that time as more susceptible to credit card scams of this nature.
The circuitous nature of the travel is itself a demonstration of the planning. Bud-Popa travelled from Budapest to Paris on the 21st of October, travelled from Paris to Guadeloupe on the fourth of October, and from Guadeloupe to Dominican Republic on the fifth of October. The appellant Petcu made his way to the Dominican Republic via Madrid on the 22nd of September. They all arrived in Cayman via Kingston, Jamaica, on the 30th of October. They got to work on the ATMs quickly. The first report from one of the banks, the Cayman National Bank, was on the second of November.
In his careful written, prepared submissions, Mr. Petcu has made a number of points — very skillfully, one might say — in which he has, with considerable attention, paid regard to the schedules of evidence used below as to the number of Cayman Islands dollars which were actually withdrawn from ATMs. He has paid particular attention to the lengthy schedule which the prosecution relied upon to show the number of attempts to withdraw which were unsuccessful.
The process of dealing with the details of a prosecution's case when someone pleads guilty can take the form of a challenge to the details of the prosecution's case. That will be done where there is an identifiable, clear dispute about hearing evidence on the issue. Short of there being no evidence, then it is of course open to a defendant, and indeed to an appellant, to draw attention to inconsistencies and weaknesses in the evidence upon which the prosecution rely. That is what Mr. Petcu has done today. That is within extent before the paragraphentencing r sentencin
at, to a cet, took plaç judge. In 9 of his seemarksæ withdrawal the defeone stated fo. He dren ta result, argument had been d thmisleadiw edule. A wd Is is said b, hnse to bng in the as r attemp o the came to sentence, he was required to have regard to the harm which had been done, but he said: Even bearing in mind the criticism of the figures by the defense, I am satisfied that the conspirators intended to obtain well in excess of
20,000 pounds sterling. Upon the basis of that finding and assessment on the evidence, he placed the case in category 3 of the Sentencing Guidelines.
We are entirely satisfied that in settling upon that figure as the intended harm, the judge had taken account of such argument as he had heard and about the extent of the possible duplication. We see no reason to differ from the conclusion reached by the judge in this regard.
When considering the intended harm, this court has to point out that it is not impressed by arguments such as; the computer did not belong to Mr. Petcu and that he did not really know how much data there was upon it. That is unimpressive as an argument because in this context we are dealing with a conspiracy, and we are not concerned to go into that sort of detail, nor to take account of that sort of contention, in order to reach our conclusion on the appeal.
The judge gave detailed consideration to the appropriate sentence. The appellant Petcu is 27 years old, or was at the material time, but he had a significant record of similar offending in the United Kingdom, Italy and France, and had been sentenced to imprisonment for 12 months in the United Kingdom.
The appellant Bud-Popa, 42 years old. He also had previous convictions — robbery, aggravated larceny in Romania, theft and business-related offences in Austria. In 2011, 2012 and again in 2013 he was convicted of the fraudulent use of data processing.
This conspiracy involved people coming together with the settled intention of defrauding banks and customers by the use of their expertise. It was conduct for which they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. 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The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been sent to the Cayman Islands. The judge took into account the fact that they had been found guilty in other jurisdictions and for which they had been
The document discusses the sentencing of two appellants, Petcu and Bud-Popa, in a category 3 case. The starting point for a category 3 case is three years with a range of 18 months to four years custody. The judge considered the relevant factors and took account of aggravating or mitigating circumstances. For Petcu, the previous convictions were considered an aggravating factor, leading the starting point to be raised from three years to three years nine months. However, a full discount of one third for the plea of guilty was given, resulting in a sentence of 30 months. Bud-Popa's case was also considered, with similar factors being taken into account. Bud-Popa had aggravated the circumstances of his case by lying to the police about his previous convictions during an interview. Despite this, a one third discount for the plea of guilty was given, leading to a sentence of 30 months. The sentencing judge's exercise was deemed impeccable. The judge considered the arguments about the frailty of some of the evidence and the errors, and concluded on the loss which was open to him on the evidence. There was no reason to distinguish between the roles performed by either of the appellants. The court saw no reason to conclude that the sentence could be characterized as excessive. The document also addresses an argument advanced by Mr. Petcu regarding the time for release on parole. The time for a prisoner sentenced to imprisonment to be released on parole is a matter for authorities other than the court. If there are any points or issues which either of these appellants wish to raise with the Parole Board, they should do so with the appropriate authority. The appeals are dismissed and sentences affirmed.
```html <!DOCTYPE html> Page Title Newman, JA Field, JA Morrison, JA