Alan Dobson has been convicted of trafficking in class A drugs on three separate occasions in just over ten years.But Recorder Peter Barrie not only ruled it would be unjust to pass the seven year custodial term he decided he did not need to go to jail for the offence.Instead he imposed a one year suspended sentence on the 33-year-old meaning he will only serve the time if he fails to comply with the orders of the court.Dobson was found with hundreds of pounds worth of crack cocaine and thousands in cash after he was caught acting suspiciously outside the designer outlet village.
Jonathan Stanniland, prosecuting, told Swindon crown court how security guards and police were suspicious of group of three on Saturday June 23 last year.
They were detained at about 5pm and while the others were being spoken to Dobson was seen to remove something from his clothing and put it down the front of his trousers.
"When he was told he was going to be searched he took the item from down his trousers, it was about the size of tangerine, and placed it in his mouth despite the protestations of the officers," he said.Dobson then swallowed the package and was taken to hospital for fear that he may suffer an overdose or other ill health as a result of it.However several hours later he passed the package naturally and it was found to contain 10.7 grams of crack cocaine with a street value of about £530.
He also had £2,100 on him in cash and when his house was searched police found £70 in counterfeit currency, two samurai swords and a .22 air rifle.When he was questioned he said despite being on benefits he had saved the money to buy his partner a car and the drugs were for his own use only.The court heard that Dobson had 101 previous convictions including two matters relating to dealing in heroin.
In 1997 at Bristol crown court he was jailed for 18 months for supplying heroin and two years later put on probation for supplying heroin and possession with intent to supply.Dobson, formerly of Southwick Avenue, Penhill, pleaded guilty to possessing drugs with intent to supply and obstructing a police officer.
Rob Ross, defending, said his client was facing a mandatory seven year sentence unless the circumstances of any of the offences or the offender meant it was unjust to do so.
He said the first conviction related to a drugs operation in the Parks area of Swindon which Dobson "accidentally" got caught up in.
The police were targeting a dealer who had come to the town and recruited locals to sell for him when Dobson tried to sell some drugs he had bought to an undercover cop.
Mr Ross said while the main dealer got eight or nine years most of the others got three year jail terms with Dobson the shortest at 18 months.
The second time he said his client had simply been sharing drugs with his girlfriend so it was not drug dealing as such.
He said the latest offence took place when Dobson was in a downward spiral of addiction after his younger brother had died from an overdose.
Mr Ross said his client was taking heroin and crack cocaine and selling some to friends in what he called "not a large scale operation".He said his client had never had the benefit of a drug rehabilitation requirement in the past and until he spent a week inside on remand had not been to custody for a long time.
Passing a one year jail term suspended for two years the judge said he would be on supervision for 18 months and a drug rehabilitation requirement run by the Inclusion unit for six months.Dobson will have to complete an alcohol and substance related offending programme and forfeit the drugs, money and weapons.
He told him "I don't know if you see drug rehabilitation as a soft option. I hope you understand from your contact with Inclusion that it is a very demanding programme
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