Adrian Stefanita Tuduce v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)




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Criminal law – Offences – Elements of offence – Conviction for credit card fraud-related offences – Possession of credit card data contrary to s. 342(3) of the Criminal Code – Does s. 342(3) of the Criminal Code allow for a conviction where the data in question cannot be used – What constitutes proof of data to ground a conviction under s. 342(3) of the Code.

The applicant was found in possession of 48 LCBO gift cards and a Scotiabank debit card, each of which had been encoded with data from a valid debit card account. Some of the cards had been used to complete transactions. He was also found in possession of equipment used to skim data from credit and debit cards. He was convicted of seven credit card fraud-related offences and sentenced to two years less a day’s imprisonment followed by two years’ probation. He was granted leave to appeal sentence. His conviction and sentence appeals were dismissed.

Lower Court Rulings

June 27, 2011
Ontario Superior Court of Justice

Conviction: possession of materials intended for use on forging credit cards; possession of property obtained by the commission of an offence; fraudulent possession of credit card data; possession of a counterfeit mark
July 17, 2014
Court of Appeal for Ontario

C55028, 2014 ONCA 547
Appeal against conviction dismissed, leave to appeal sentence granted and sentence appeal dismissed