Salih & Ors, R. v

In sentencing for multiple connected firearms offences, the decisive question is whether the total sentence properly reflects the offender’s overall criminality. The allocation of terms between individual counts may be of limited significance.

Delay may justify a reduction, but it does not require one where the sentencing judge was entitled to conclude that no reduction was appropriate. Serious ill health and other personal circumstances may justify reducing an otherwise appropriate aggregate term. An acquittal on a conspiracy count does not preclude consideration at sentence of relevant items where the judge was entitled to find knowledge of their contents.

At the Central Criminal Court, Salih was convicted of firearms conspiracies and related possession offences. His total sentence was 22 years’ imprisonment. Andrew Meekey received 15 years’ imprisonment and Paul Meekey received seven years’ imprisonment for firearms offences.

Salih appealed his conviction on the count alleging possession of a loaded pistol with intent to endanger life, and appealed his sentence. The Meekeys renewed applications for leave to appeal their sentences. The common sentencing issues included delay, totality, the significance of co-offenders’ sentences, health, and the use at sentence of evidence concerning weapons found at the Meekeys’ home.

1. The court dismissed Salih’s appeal against conviction on the count of possessing a firearm with intent to endanger life. The judgment recorded the dismissal but gave no further substantive reasoning on that appeal.

2. Salih’s sentence appeal was allowed. The court held that the 22-year total properly reflected the overall criminality of the offending, subject to his personal circumstances. For multiple connected offences, the important question is the appropriate total sentence; the allocation of terms between individual counts may be of limited importance.

3. Delay is a recognised matter which a sentencing court may reflect by reducing an otherwise appropriate sentence. On the facts, however, the judge was entitled to make no reduction for delay. The history included the co-defendants’ guilty pleas, Salih’s ill health, the decision to try the defendants together, and later listing difficulties.

4. Salih’s serious cardiac condition, other medical problems, depression and age justified reducing the aggregate term. The court therefore quashed the consecutive seven-year sentence on count 7 and substituted a consecutive term of three years. The resulting total sentence was 18 years’ imprisonment. The court emphasised that seven years for count 7 had itself been appropriate; the variation was made to reduce the overall term.

5. Andrew Meekey’s renewed application for leave to appeal sentence was refused. The fact that he faced two rather than three conspiracies did not undermine the 15-year total, particularly when totality and the other prohibited weapons were considered.

6. Paul Meekey’s renewed application was also refused. His acquittal on the conspiracy count did not prevent the judge from considering the contents of the buckets containing weapons and ammunition. The judge was entitled to find that he knew their contents, and a seven-year sentence towards the higher end of the scale was appropriate.

• Court of Appeal (Criminal Division): Salih’s conviction appeal was dismissed. His total sentence was varied from 22 years to 18 years. Andrew Meekey’s and Paul Meekey’s renewed applications for leave to appeal sentence were refused.
• Central Criminal Court: On 27 July 2006, Salih and the Meekeys were convicted of the relevant firearms offences and sentenced.