Drug gang 'leader' told he can't appeal decision to extend his sentence

High Court of Justice refuses leave to apply to Privy Council

The Manx leader of an organised crime gang which trafficked more than £171,000 of cannabis to the Isle of Man has been told he can’t appeal an uplift in his jail sentence.

Garry Paul Dentith had his prison term extended in May after his advocate took the case to the High Court of Justice of the Isle of Man arguing his sentence was ‘manifestly excessive’.

But the appeal deemsters ruled that it had actually been too lenient after the sentencing deemster made a mistake in applying discount for Article 8 rights.

As a result Dentith’s original sentence, imposed in January, was changed from seven years and three months to seven years and six months.

You can find out more HERE.

However earlier this month Dentith’s advocate, Paul Rodgers, returned the case to the Staff of Government Division with two applications.

The first was to restore the original sentence, the alternative was to seek permission to appeal against the new sentence to the Judicial Committee of the Privy Council.

However Judge of Appeal Anthony Cross KC, and Deemster Pratt KC, found the advocate was 'out of time' and they had no jurisdiction to deal with either application.

In their judgement, handed down on 21 June, they said even if the matter had been submitted 'in time' they considered it to be ‘misconceived’.

Mr Rodgers argued that the court had made three mistakes in applying the correct legal principles in respect of its decision to increase the sentence.

But the deemsters found his client Dentith - who was targeted as part of Operation Artemis - was ‘clearly warned’ his sentence could go up as well as down if he appealed.

“The appellant was warned, as was his advocate, and he took his chance,” they wrote.

"We therefore come to the conclusion that that warning could not have been clearer and we would have expected Mr Rodgers to explain what had happened in court and to leave the applicant in no doubt about the court’s powers.” – Judge of Appeal KC and Deemster Pratt KC

The deemsters found no mistake in law had been made and there was no serious miscarriage of justice caused as a result of increasing the sentence by three months.

This, they said, meant there was no arguable point of law which needed to be determined by the Judicial Committee of the Privy Council.

Leave to appeal to that court was therefore refused.

You can find the judgement in full HERE.