A THURROCK man and his partner in crime have failed in a bid to get their prison sentences cut.

The two men were involved in a massive counterfeit cigarette operation, which avoided paying more than £1 million in tax.

Today judges at London's Court of Appeal threw out the sentence appeals of Nicholas Leon, 54, and Gary Steven Simmons, 47, after noting the conspiracy resulted in the "loss of very substantial revenue" to the public purse.

Police seized more than 10.3 million counterfeit cigarettes from the operation.

In July last year, in Great Grimsby Crown Court, both men pleaded guilty to being knowingly concerned in the fraudulent evasion of duty on goods.

On June 6 this year, Leon - of Fulbrook Lane, South Ockendon, - was sentenced to two years imprisonment while Simmons - of Highgate, Cleethorpes, Lincolnshire - was sentenced to four years.

Leon's role was limited to being the driver on one occasion in April 2005, for which he was to be paid £4,000.

Leon appealed his two-year sentence on the grounds it was excessive given his early plea of guilty. His lawyers said he carried out the offence shortly after the death of his young son, and in circumstances of financial difficulty.

However, Mr Justice Stanley Burnton said Leon had been convicted of a similar offence in 1983 which indicated he knew exactly what he was involved with.

"He packed up, transported and played a part in the transportation of a very considerable amount of counterfeit goods, involving the loss of very substantial revenue."

The judge, accompanied on the bench by Mr Justice Pitchford, said that, while they accepted Leon committed the crime in difficult circumstances, his sentence was fair.

Also dismissing Simmons' appeal, the judge said: "He was the organiser of this very substantial conspiracy. A substantial prison sentence was inevitable."