Appeal judges say sentencing guidelines for Class A drug dealers may need to be overhauled because of the huge rise in cocaine being brought to the Isle of Man.

Appeal Judge Anthony Cross and Acting Deemsters Michael Hopmeier and Christopher Arrowsmith have published a judgment examining how the Caldwell-Camp guidelines should be applied following two recent sentence appeals.

The judges expressed concern that the Caldwell-Camp guidelines are out of date, noting they were set down 20 years ago when drugs such as ecstasy and LSD were the main concern.

Caldwell-Camp is a set of sentencing principles established by the Isle of Man Appeal Division for cases involving the supply of Class A drugs and is intended to act as a strong deterrent.

Cocaine is now by far the Island’s biggest drug problem. Figures show that in 2015-16, 431g of cocaine were seized, rising to 12,760g in 2025-26 - a 30-fold increase. In 1994, just 6.5g were seized, while none was seized the following year.

The latest judgment followed the dismissal of an appeal by convicted drug dealer Adrian Larcombe against his sentence of 14 years and six months for being concerned in the production of cocaine to the Island.

It was the second case in two days in which appeal judges heard a challenge to sentence from a Class A drug dealer.

The appeals of both Larcombe and Liam Bradley, who was jailed for nine years and four months for the same offence, were dismissed. However, both cases raised questions about how the Caldwell-Camp guidelines should be applied.

The uncertainty centred on how a deemster should set the starting point for sentence before taking account of aggravating and mitigating features.

There has been confusion over whether the weight of the drugs should be the sole determining factor at the outset, before considering the role played by the offender - such as whether they had a leading, significant or lesser role in the supply or production.

In Larcombe’s case, his advocate James Patterson argued that Deemster Graeme Cook could not properly conclude from the evidence that Larcombe had played a significant role.

Mr Patterson also submitted there had been double counting, arguing that the deemster took Larcombe’s role into account when setting the starting point and then again as an aggravating feature.

Larcombe, 59, of Nottingham, received the lengthy sentence for his role in shipping a mini-fridge containing almost 1kg of cocaine to the Isle of Man.

Similar issues were raised in Bradley’s appeal, particularly over whether role should be taken into account when setting the starting point.

His advocate Ian Kermode argued the starting point should have been the same as that of Bradley’s co-defendants, whose starting point was 11 years, whereas Bradley’s was set at 12 years because of his role. Mr Kermode submitted that role should only become relevant when considering any uplift.

Bradley, of Douglas, received his sentence after being described as playing a leading role in an organised crime group bringing drugs to the Island and moving criminal cash.

In Bradley’s appeal, a loss of time direction - used in cases considered to have no merit - was imposed, adding around five months to his sentence. However, this has since been rescinded after the order was deemed impermissible.

After Larcombe’s case, Appeal Judge Cross said: ‘It is becoming clear to me sentencing guidelines in respect of this case have to be looked at and more clarity is needed.’

After hearing arguments from both defence advocates and the prosecution, the appeal judges issued a judgment this week setting out their concern that the Caldwell-Camp guidelines are outdated.

In it they said: ‘It is apparent to us that clarification of the correct approach to sentencing in drugs cases is required.

‘Having considered the case of Caldwell-Camp in some detail we are of the view that it is time for the guideline to be revisited.

‘We remind ourselves that the guideline, now over 20 years old, sought to address the appropriate sentencing range for Class A drug supply in and to this island.

‘In the period that has elapsed, the supply of drugs has become ever more sophisticated and the presence of organised crime groups from other jurisdictions appears to have taken hold.

‘We further note that at that time there was a particular emphasis on ecstasy, LSD and other drugs in tablet form. Now the trade appears to be focused on cocaine and there is some evidence that ketamine has taken hold in the island.’

The appeal judges now want drug-dealing sentences to be reviewed as a priority if and when a new sentencing council is established on the Isle of Man.

The judgment says: ‘There is no doubt that the volume of cocaine being imported into the island is increasing.

‘Although we can provide no comparative table for ketamine seizures, we have seen a recent report prepared in the case of HMAG v Ould which raises considerable concerns about that drug and the potential need to reclassify it as Class A.

‘The Justice and Home Affairs (Reform and Miscellaneous Amendments) Bill 2025, currently awaiting Royal approval, will give effect to the amendment to the Criminal Justice Police and Courts Act 2007 and will enable an ad hoc sentencing council to be established by regulations to deal with matters of sentencing policy.

‘We refer this matter to the Department of Home Affairs and urge upon the department that a first such review should be in relation to sentencing in drugs matters as a matter of urgency.

‘It is our view that such a review should encompass a sentencing guideline for all types of drugs in a similar way to that in England and Wales.’