The Cayman Islands Court of Appeal has reduced the prison sentence for a contractor who defrauded customers of more than CI$15,000 in a hurricane shutter installation scheme spanning seven years.
Garfield Anthony Robb had his sentence cut from five years to three years imprisonment after the appeals court found the original judge had applied incorrect sentencing guidelines during his March 2024 conviction.
Multiple victims
Robb was convicted on nine counts of obtaining money by deception between 2014 and 2020, targeting customers seeking hurricane shutters and other home improvements across Grand Cayman and Cayman Brac.
The court heard that Robb collected deposits ranging from $400 to $2,250 from victims after providing quotes for work including hurricane shutters, screened patios, guttering and painting.
In most cases, he failed to complete the promised work or delivered substandard, second-hand materials.
Among his victims was Diana Jackson of Bodden Town, who paid $3,500 in May 2014 for hurricane shutters that were never installed. Robb eventually returned only $1,500.
In another case, Anand Adapa of South Sound paid $3,000 upfront in August 2016 for a screened patio.
Robb delivered some aluminium pieces six months later but never completed the installation, forcing Adapa to hire another contractor.
Broken promises
The prosecution established that Robb’s total receipts from the scheme were $18,150, with victims receiving only $2,750 in partial refunds, leaving a net loss of $15,400.
Justice Frank Williams of the Grand Court had originally sentenced Robb to five years imprisonment and ordered him to pay $15,400 in compensation to victims.
However, the Court of Appeal found that Williams had incorrectly treated the case as involving ‘breach of trust’ – a designation typically reserved for professionals like accountants, solicitors or bank employees who exploit privileged positions.
Crown counsel conceded during the appeal hearing that the prosecution had failed to present appropriate UK sentencing guidelines for fraud cases, which should have been applied instead of the breach of trust precedents.
Under the correct fraud sentencing guidelines, the Court of Appeal determined that Robb’s case fell into a category with a starting point of 18-months imprisonment and a range of 18-months to three years.
The three-judge panel, comprising president Sir John Goldring, Sir Richard Field, and Sir Michael Birt, unanimously reduced the sentence to three years on each count to run concurrently.
Compensation order quashed
The court also quashed the $15,400 compensation order, noting that such orders should only be made when funds are immediately available to satisfy payment.
A social inquiry report had shown Robb was heavily in debt.
The appeal hearing took place on 14 May, 2025, with judgment delivered on 12 June, 2025.
Robb was represented by Gregory Burke of Samson and McGrath, while the Crown was represented by counsel instructed by the director of public prosecutions.
