An appeal judge is set to issue a ruling on how guidelines used to sentence Class A drug dealers should be applied.

On Tuesday, Appeal Judge Anthony Cross and Deemster Michael Hopmeier dismissed 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.

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

On both occasions, there appeared to be a lack of clarity over how the Caldwell-Camp guidelines should be applied.

Caldwell-Camp are a set of sentencing principles established by the Isle of Man Appeal Division for cases involving the supply of Class A drugs, designed to be tough as a deterrent.

However, in both Larcombe’s case and an appeal heard on Monday involving Liam Bradley, who was jailed for nine years and four months for the same offence, questions were raised over how the guidelines should be applied.

The uncertainty centres on how the deemster establishes the starting point for sentence before taking into account aggravating and mitigating features.

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

In Larcombe’s case, his advocate James Patterson’s main argument was whether Deemster Graeme Cook could properly conclude he played a significant role based on the available evidence.

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

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

He and John Laird were found guilty by a jury following a three-day trial at the Court of General Gaol Delivery in November last year.

The pair were jointly charged with being concerned in the production of Class A drugs to the island, while co-accused Mark Thone had previously pleaded guilty.

Larcombe was jailed for 14 years and six months, Laird for 12 years and six months, and Thone for nine years and 10 months.

The court heard that a block of cocaine was shipped to the island in September 2023 in a parcel containing a mini-fridge sent to an address in Laxey.

The package was intercepted by police and found to contain 994.9 grams of cocaine, valued at £99,490.

Prosecutor Hazel Carroon said the defendants were responsible for the UK side of the operation and had arranged for the drugs to be sent to the island.

She said Larcombe’s fingerprints were found on the fridge box and the plastic wrapping.

CCTV showed the parcel being dropped off at a courier depot in Skelmersdale, with Thone seen handing it over.

Automatic Number Plate Recognition data showed the vehicle, registered to Laird, began its journey near Larcombe’s home address in Netherfield, Nottingham, before travelling to a B&M store to purchase the mini-fridge and then to the depot.

The defendants were arrested in the UK and brought to the Isle of Man for interview.

In February, Laxey woman Rosemary Ellen Burgess, 22, was jailed for eight years, and Peter Phillip Sean Nulty, 40, from Douglas, was jailed for nine years for their roles in the same offence.

Mr Patterson argued the evidence was not strong enough for the deemster to conclude Larcombe played a significant role.

He added that phone logs between Larcombe, Laird and Thone had not been disclosed and there was no clear evidence of how the drugs came to be in the fridge.

Mr Patterson said: ‘The deemster made assumptions he should not have made. He could not have come to the conclusion my client played a significant role.’

However, the appeal judges said the deemster had heard all the evidence and was entitled to accept the facts he found proven.

Mr Patterson also raised the issue of double counting.

He said: ‘There was an initial uplift [increase in the sentence] from the [Caldwell-Camp guidelines] starting point for the role my client played, so it makes no sense to increase it again as an aggravating feature.’

Mrs Carroon said she believed only the weight of the drugs had been used to set the starting point, with role considered later.

She added: ‘This sentence was not manifestly excessive in any way and was well within the Caldwell-Camp guidelines. Mr Larcombe’s account was rejected by the jury.’

Similar issues were raised in Bradley’s appeal the previous day, particularly around whether role should be considered when determining the starting point.

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.

‘We have given thought to how this judgment would be presented and perhaps we should have linked this with the other case.

‘They raise the same principle. It is necessary for this court to look at the issues surrounding Caldwell-Camp and the confusion among the Bar over how it should work so that all sentences are clear.’

Larcombe’s appeal was dismissed.

Appeal Judge Cross said: ‘We are satisfied the sentence was well within the range and we will give details in due course.

‘We are not going to increase the sentence or direct loss of time.’

Bradley’s appeal was also dismissed, but a loss of time direction - used in cases considered to have no merit - was imposed, adding around five months to his sentence.