It was not so strange, however, when looking at the potential
penalties. If the hackers had been charged with simply breaking into a
machine, without intending any harm, the maximum penalty was six
months jail and a fine of up to [sterling]5000. However, conspiracy,
which was covered under a different section of the Act, could bring up
to five years in jail and an unlimited amount in fines.
The prosecution was taking a big gamble. It would be harder to prove
conspiracy charges, which required demonstration of greater criminal
intent than lesser charges. The potential pay-off was of course also
much greater. If convicted, the defendants in Britain's most important
hacking case to date would be going to prison.
As with The Realm case, two hackers--Pad and Gandalf--planned to plead
guilty while the third--in this case Wandii--planned to fight the
charges every step of the way. Legal Aid was footing the bill for
their lawyers, because the hackers were either not working or were
working in such lowly paid, short-term jobs they qualified for free
legal support.
Wandii's lawyers told the media that this showcase was tantamount to a
state trial.
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