Appeal judges have decided against increasing the sentence of a drug dealer who avoided a prison term partly due to 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 sentence.

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.

The Attorney General decided to appeal the sentence handed to Quine, arguing it was too lenient.

The appeal hearing took place on Monday but Appeal Judges Anthony Cross KC and Michael Hopmeier KC decided not to alter the sentence.

While accepting the sentence was ‘borderline unduly lenient’, they took into account issues such as double jeopardy and the passage of time from arrest to sentence in deciding not to increase the term.

They also considered the rehabilitation process already underway in determining not to interfere with the sentence.

The court previously heard how Quine, of Port St Mary, 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.’

The full judgment by the Appeal Court will be published in due course.