A class A drug dealer has narrowly avoided prison due to his attention deficit hyperactivity disorder (ADHD) diagnosis, with a deemster admitting it is the first time he has suspended a sentence for anyone for committing such an offence.

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

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

At the Court of General Gaol Delivery, Deemster Graeme Cook said he was taking the unusual decision to suspend his sentence due to the strong mitigation, including Quine’s ADHD which was undiagnosed at the time he committed the offence.

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

This means anyone committing such an offence will ordinarily be jailed for between five and 12 years depending on the amount of drugs involved and other aggravating and mitigating circumstances.

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

Hazel Carroon, prosecuting, told the court that at 2.45pm on June 6, 2023, noticed a white Audi parked on Port Erin promenade.

They saw a male and female get out but when officers returned a short time later, they noticed someone in the back of the vehicle who would not let officers in.

When the vehicle owner returned, she let officers into the vehicle, where they found Quine in the back.

Quine was searched and a plastic wrap was found on him which he admitted was cocaine. A black rucksack was also discovered which, when searched, was found to contain a quantity of cash, an iPhone, white powder and a ‘tick list’.

The white powder was later found to be 12.9g of class B drug ketamine with a street value if more than £500 and 0.7g of cocaine.

Quine was arrested and his home searched which unearthed 17.7g of cocaine with a street value of more than £1,400. Digital scales and a tick list were also found which was evidence he was dealing.

He later admitted to possessing cocaine with intent to supply, possession of cocaine and possession of ketamine.

Advocate Stephen Wood, mitigating, highlighted the fact Quine was suffering from undiagnosed ADHD which was identified by the Drug and Alcohol Team.

Mr Wood told the court that substance abuse can be a symptom of ADHD. He confirmed that since the offences, his client now has a formal diagnosis.

He said: ‘My client has worked hard in this area to find other treatments alongside his medication. There has been no evidence of intoxication since.

‘He presents as a polite and thoughtful individual who is fully aware of the impact substance abuse has had on his family and friends. This is a young man who has done all he can to tackle his drug misuse.

‘He has no previous convictions, has a good work ethic and is genuinely remorseful.’

Mr Wood said he was ‘sticking his neck out’ and suggesting there are mitigating features which can lower the sentence to the point in which it could be suspended.

He added: ‘I feel in this case a departure from the guidelines would be justified.’

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

However, Deemster Cook said he was prepared to make an exception in this case.

He told Quine: ‘There are no previous convictions and clear evidence of remorse.

‘You have been diagnosed with ADHD which has had an impact on how you deal with life.’

Deemster Cook said the starting point would be five years, but he was taking two years off for mitigation. He then reduced it by a third for Quine’s early guilty plea which brought the sentence down to two years which meant he could suspend it.

He handed Quine a two-year prison sentence suspended for two years with supervision for the supply offence and six months concurrent for each possession offences.

He told Quine: ‘I have not done this since I have been on the island, but I have taken into account what the Drug and Alcohol Team have said and what Mr Wood has argued on your behalf.

‘You have the support of your parents, and you are moving on with your life. For these reasons I’m prepared to suspend the sentence.

‘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.

‘It is only through your own endeavours, the support of your family and Mr Wood’s mitigation that you have this chance. Don’t ruin it.