Saltmarsh, R. v

For a firearms conspiracy, the intention that weapons be used to endanger life may place the offence in a substantially more serious category than conspiracies to manufacture or transfer weapons. Sentencing must reflect the intended use, the scale of importation, the ammunition and the risk to the public.

Parity requires a real sentencing distinction where offenders of equivalent role receive the same sentence but only one pleaded guilty. Personal mitigation of the offender who contested the case may justify parity, but the court must be satisfied that it fairly offsets the plea credit. Consecutive sentences must also be assessed for totality.

The court considered sentence challenges arising from two separate conspiracies involving Richard Saltmarsh.

On the Manchester firearms indictment, Saltmarsh was convicted and Anton Vasinoras pleaded guilty to conspiracy to contravene section 170 of the Customs and Excise Management Act 1979 and conspiracy to possess firearms with intent to enable others to endanger life. The conspiracy imported 30 adapted pistols, silencers and 1,220 rounds of ammunition. Saltmarsh received 20 years' imprisonment and Vasinoras 14 years. Both renewed applications for leave to appeal against sentence.

On the drugs indictment, Saltmarsh and John Richardson pleaded guilty to a conspiracy to supply Class A drugs. Saltmarsh received six years consecutively to his firearms sentence. Richardson received six years. The central issues were whether the sentences were manifestly excessive, whether Richardson had received proper credit for his plea and parity with a co-offender, and whether Saltmarsh's aggregate sentence breached totality.

1. Richardson's appeal was allowed. His sentence was reduced from six years to five years' imprisonment. The other renewed applications for leave to appeal against sentence were dismissed.
2. The firearms conspiracy warranted an exceptionally severe sentence. The adapted weapons, silencers and large quantity of ammunition had been imported by a sophisticated method and were intended to enter criminal circulation. The intention required by section 16 of the Firearms Act 1968 made the offending significantly more serious than a conspiracy merely to manufacture, sell or transfer prohibited weapons. The life maximum, which also applied to the conspiracy by section 3 of the Criminal Law Act 1977, was a material distinction. A starting point, and for Saltmarsh an end point, of 20 years was not manifestly excessive.
3. Vasinoras was an essential link between the English and Lithuanian parts of the firearms conspiracy, but had a lesser role than Saltmarsh and Renka. His false initial basis of plea justified a reduction in the usual plea discount. The further reduction to 14 years properly reflected his lesser culpability and was not manifestly excessive.
4. Richardson and Quintin Maloney had been treated as having essentially equivalent roles. Yet Maloney received no plea credit, whereas Richardson was expressly granted some credit despite giving evidence inconsistent with his plea. Maloney's personal mitigation did not satisfactorily explain identical sentences. That parity error justified reducing Richardson's sentence. Authorities concerning limited use of premises for lower-scale drug supply did not assist because this was a major commercial Class A drugs conspiracy.
5. Saltmarsh's consecutive six-year drugs sentence did not offend totality. It was two years less than the sentence imposed on Thomas Maloney, who had pleaded guilty promptly, and showed that the sentencing judge had allowed for the already substantial firearms sentence. The aggregate 26-year sentence was not manifestly excessive.

• Court of Appeal (Criminal Division) — In [2007] EWCA Crim 876, Richardson's appeal against sentence was allowed and his sentence reduced to five years. The renewed applications by Saltmarsh and Vasinoras were dismissed.
• Crown Court — At Manchester, Saltmarsh was convicted on the firearms indictment and sentenced to 20 years; Vasinoras pleaded guilty and received 14 years. On the drugs indictment, Saltmarsh pleaded guilty at Coventry and was later sentenced at Manchester to six years consecutively. Richardson pleaded guilty and was sentenced at Warwick to six years.