Dealer who 'hated' his heroin addiction jailed

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Saturday, September 04, 2010
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This is Devon

A "SMALL-SCALE" heroin dealer who sold £10 wraps to undercover police officers has been sent to jail for five years and eight months.

John Birchall, 45, of Morgan Avenue, Torquay, "hated" his addiction to heroin but found he could not survive without it, Exeter Crown Court was told.

He pleaded guilty on a previous occasion to five counts of supplying and intending to supply the Class A drug to undercover officers in May.

Judge Barry Cotter said he had no choice but to impose a minimum seven-year term, minus credit for a guilty plea, as it was the third time Birchall had been convicted for a supply offence.

The judge said: "It inevitably has to be a custodial sentence."

Prosecutor Emily Pitts said Birchall had been caught as part of a police sting operation.

Two undercover officers made inquiries on the street about heroin and Birchall, known as "Scouse John", was identified as a man who could "sort them out".

Three wraps containing £10 of heroin were supplied to the officers on separate occasions. Each wrap contained 0.1 grams of the drug.

Three more wraps, weighing 0.5 grams, were sold on another occasion. A further wrap, which turned out to be ibuprofen, was sold in a fifth deal.

Anne Bellchambers, in mitigation, said Birchall has been showing improved signs of dealing with his addiction.

She added: "He says he's been taking drugs since he was 14. He hates it but it leads him back into this sort of offending every time.

"It is small-scale supply with little or no profit — under £200 for these deals."

Judge Cotter said his hands were tied about what sentence to impose considering his past offences.

"The reality of the matter is that after an undercover police operation, you have been convicted of a third drug trafficking offence.

"That means I have to impose a particular sentence."

The judge added: "The brutal reality is that society has taken a view of those that continue to be involved in drug trafficking that if you persistently get involved in such conduct, you face a long custodial sentence."

He said he hoped Birchall would "still have the motivation" to quit drugs when he got out.

The defendant was convicted of three counts of supplying the Class A drug, one of being concerned in its supply and one of offering to supply the drug.

He was given a total sentence of 68 months.

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