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R v Oprescu [2020] NZDC 20701

Published 14 February 2022

Sentencing — money laundering — forgery — altering documents — using documents for pecuniary advantage — card skimming — manufacturing card skimming devices — Sentencing Act 2002, s 142(b) — Haron and Men v Police HC Christchurch CRI-2009-409-000013, 5 March 2009. Two defendants appeared for sentence on a variety of charges connected to offending known as "card skimming". Card skimming involves unlawfully obtaining other people's bank card information, using hidden cameras and a device that records the details of bank cards that are being used at ATMs. Over a two-month period the defendants obtained at least $74,000 from their offending, and one of them laundered some $44,000 of this by investing it in cryptocurrency. When apprehended they were also found to be manufacturing their own equipment for card skimming. The Court set start points for sentence at three and a half years' imprisonment for the first defendant and four years for the second. The main consideration of the sentencing was deterrence; the defendants had travelled to New Zealand from Europe to commit the offending, because New Zealand was allegedly seen as a "soft touch". For this reason the Court refused to allow the defendants a discount for serving their sentences in a foreign country far from home. It also refused to allow credit for previous good character because the offending was highly planned and premeditated. However the first defendant was allowed a small discount for confession and cooperation with the authorities, but the second defendant was not objectively remorseful and and no credit was given to him for remorse. The final sentences were two years and five months' imprisonment for the first defendant and three years for the second. The Court also ordered forfeiture of a number of items associated with the offending. Judgment Date: 7 October 2020.