of hiding $282,000 worth of heroin in her home.

But Takiya Rabain's lawyers are already planning an appeal after saying the prosecution was "having its cake and eating it'' by jailing her after her father Vincent Rabain had already admitted planting the drug at her Somersall Road home.

Lawyer Mark Pettingill said it was a huge miscarriage of justice while Puisne Judge Norma Wade Miller also raised doubts over the case.

Mr. Pettingill said: "An appeal was filed from day one over this case.

"You have a man who has confessed he individually was involved in possession with intent to supply, he came forward and said the drugs were mine.

"The Crown accept that, he was sentenced to 10 years.

"Then the Crown prosecute Takiya Rabain and say we are going to go after her and that perhaps the Police didn't believe the other individual all along but the prosecution accepted it and pursued a conviction and had him sentenced.

"The question for the Court of Appeal is quite simply this -- is this how we want our system to operate? "If you accept a confession, without looking further as clearly is in this case, can you then go on and prosecute another individual for exactly the same offence when you have already, in effect, got your man? "The question is were they ill founded or unwise to bring this prosecution? That will be for the Court of Appeal.

"Anybody can look at the circumstances and ask is this the way we want the prosecution in this country to conduct itself? "This has been a huge miscarriage of justice and it will have to rectified.'' Takiya Rabain, a 23-year-old receptionist, was found guilty of possession of heroin with intent to supply after a raid on her home in January last year.

Her mother Marva was also charged with possession with intent to supply but charges were dropped in September.

However her ex-husband Victor Rabain, who is Takiya's father, pleaded guilty to the same charge and was given a ten-year sentence last August after admitting the drugs were his.

In her summing up in the February trial, Ms Justice Wade Miller said: "You can find her guilty even though Victor Rabain pleaded guilty and took responsibility.

"The Crown does not have to prove they acted in concert.'' However in the sentencing hearing yesterday Ms. Justice Norma Wade Miller had raised the hope that a lighter sentence could be argued for on the grounds that the prosecution should not have been brought against Takiya Rabain.

But she later switched from this position and said: "What's unfair is how Mr.

Rabain was treated.

"It may be argued that it was ill advised and unwise the way he was treated.'' She pointed out that Inspector Legay Farley had said during Victor Rabain's trial that Police Officers didn't believe his confession.

Mr. Pettingill pointed out that evidence in Vincent Rabain's trial had also led to a Police officer being asked: "You got your man then?'' to which he replied: "I don't believe we did.'' "If you accept the plea you end up in this mess. The Crown is trying to have its cake and eat it.'' Mr. Pettingill argued the pair should have been jointly charged if they were both to be accused rather than convict one and then go after the other. Prosecutor Vinette Graham-Allen said: "If it can be argued that the prosecution was ill advised or unwise? Certainly not with Takiya Rabain, it would be with Mr. Rabain. "The warrant was drawn in her name, the drugs were found in her closet.'' Ms. Rabain admitted possession of a small amount of cannabis and drug equipment, which was found by Police when they discovered the heroin.

Outrage over family's prison sentences Yesterday Ms. Vinette-Allen argued for ten to 14 years for the heroin possession while Mr. Pettingill said it would be wiser to impose no penalty because the whole case would have to be argued in the Appeal Court anyway.

Before her sentencing Takiya said: "I still maintain my innocence.'' Ms. Justice Wade Miller said: "One factor distinguishing this case from all others is a man has accepted he's responsible and he received ten years.

"In the particular circumstances of this case this court sentences you to ten years with time spent in custody taken into account.'' There was no repeat of the cries of anguish from assembled family members heard when the Supreme Court found Takiya Rabain guilty by a majority verdict in February.

One family member said: "We are going to appeal.'' Other factors are likely to crop up during the appeal including the fact that Police officers had denied fingerprints were taken from Takiya Rabain but subpoenaed evidence showed that they had been taken revealing that no prints from her were found on the drugs.