The Attorney General has appealed against the suspended sentence handed to a class A drug dealer who narrowly avoided prison because of his attention deficit hyperactivity disorder (ADHD) diagnosis.

Robert James Quine, 29, received a suspended sentence despite admitting possessing cocaine with intent to supply, as well as possession of ketamine and cocaine.

Those dealing in class A drugs such as cocaine or heroin on the island can generally expect a lengthy prison term.

But at the Court of General Gaol Delivery in September, Deemster Graeme Cook said he was taking the unusual decision to suspend the sentence due to strong mitigation, including Quine’s ADHD.

A few years ago, the Caldwell-Camp sentencing guidelines were introduced by the Appeal Division, setting out a stricter sentencing policy for those convicted of supplying class A drugs.

This means anyone committing such an offence will ordinarily face between five and 12 years in jail, depending on the quantity of drugs involved and any aggravating or mitigating factors.

However, Quine, of Port St Mary, was given a rare chance to turn his life around and avoid time behind bars.

The Attorney General has now challenged that decision, with a preliminary hearing taking place before Appeal Judge Anthony Cross KC on Tuesday.

At that hearing, Judge Cross said he had received skeleton arguments from the Attorney General’s Chambers, which were not read out in court, and granted leave for the appeal.

He noted the case had been ongoing for a long time before Quine was finally sentenced and said he wanted to ensure the appeal was heard quickly. Defence advocate Stephen Wood said he would file his response by November 28, and a full hearing will take place in early January.

The court previously heard that Quine was found in the back of a vehicle parked on Port Erin promenade on June 6, 2023. A black rucksack was discovered containing a quantity of cash, an iPhone and white powder.

The powder was later identified as 12.9g of the class B drug ketamine, with a street value of more than £500, and 0.7g of cocaine.

Quine was arrested and his home searched, where police found 17.7g of cocaine worth more than £1,400, along with digital scales and a ‘tick list’ – evidence he was dealing.

Mr Wood, mitigating, highlighted that Quine was suffering from undiagnosed ADHD, of which substance misuse can be a symptom. He confirmed that since the offences, his client has received a formal diagnosis.

Prison sentences can only be suspended if they are two years or under, and such terms are rare under the Caldwell-Camp guidelines.

However, Deemster Cook told Quine: ‘You have been diagnosed with ADHD, which has had an impact on how you deal with life.’

He said the starting point would have been five years but reduced it by two years for mitigation, and then by a further third for Quine’s early guilty plea. That brought the term down to two years, allowing it to be suspended for two years with supervision.

Deemster Cook told him: ‘Rest assured, I have applied the principles of Caldwell-Camp strictly. This is the first time I have reduced a sentence to this extent for such offences.’