Saltmarsh, R. v

Saltmarsh, R. v

The sentences imposed for the firearms conspiracy were justified given the seriousness, scale, and intent to endanger life, and the starting point of 20 years was not manifestly excessive. Vasinoras's lesser role was properly reflected in a further reduction. Richardson's sentence for drug conspiracy was reduced to 5 years due to parity considerations, but the starting point was not excessive given the scale of offending. Saltmarsh's total sentence was not excessive, and the totality principle was properly applied.

Parties
Prosecution: Regina; Applicant: Richard Saltmarsh; Applicant: John Mark Richardson; Applicant: Anton Vasinoras
Jurisdiction
England and Wales
Judgment Date
23 March 2007
Procedural Posture
Criminal Appeal / Judgment on Renewed Applications for Leave to Appeal Against Sentence and Appeal Against Sentence
Outcome
Saltmarsh and Vasinoras's applications for leave to appeal against sentence dismissed; Richardson's appeal allowed and sentence reduced to 5 years' imprisonment; Saltmarsh's application regarding totality dismissed.
Legal Topics
Conspiracy, Firearms Offences, Drug Offences, Sentencing, Parity, Totality, Discount for Plea
Criminal Law Conspiracy Firearms Offences Drug Offences Sentencing Parity Totality Discount for Plea

Case Brief

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Parties

Regina

Prosecution

Richard Saltmarsh

Applicant

John Mark Richardson

Applicant

Anton Vasinoras

Applicant

Procedural Posture

Criminal Appeal / Judgment on Renewed Applications for Leave to Appeal Against Sentence and Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for conspiracy to contravene Customs and Excise Management Act 1979 and conspiracy to possess firearms with intent to endanger life were manifestly excessive
  2. 2 Whether the sentence imposed for conspiracy to supply Class A drugs was manifestly excessive
  3. 3 Whether appropriate credit for plea and parity between co-defendants was observed

Ratio Decidendi

The sentences imposed for the firearms conspiracy were justified given the seriousness, scale, and intent to endanger life, and the starting point of 20 years was not manifestly excessive. Vasinoras's lesser role was properly reflected in a further reduction. Richardson's sentence for drug conspiracy was reduced to 5 years due to parity considerations, but the starting point was not excessive given the scale of offending. Saltmarsh's total sentence was not excessive, and the totality principle was properly applied.

Court Disposition

Saltmarsh and Vasinoras's applications for leave to appeal against sentence dismissed; Richardson's appeal allowed and sentence reduced to 5 years' imprisonment; Saltmarsh's application regarding totality dismissed.

Orders

  • Richardson's sentence reduced to 5 years' imprisonment
  • Days spent in custody to be taken into account for reduction