A JUDGE has apologised to a heroin dealer who was caught with nearly £18,000 worth of drugs for having to send him to prison.

At Exeter Crown Court 35-year-old Justin Lean was jailed for three and a half years for possessing heroin, Ecstasy, amphetamine, possessing criminal property and handling offences.

Judge Jeremy Griggs told Lean, who committed some of the offences while in breach of a community order and others while on bail: "I am sorry to have to send you to prison but if I didn't the Court of Appeal would say 'what on earth does that judge think he is doing?'"

Lean, of Raleigh Road, Newton Abbot, pleaded guilty to possessing heroin with intent to supply it, two charges of possessing amphetamine, one of possessing Ecstasy, one of handling stolen goods and one of possessing criminal property.

The court heard that in addition to the drugs, Lean was also found in possession of more than £2,500 in cash.

Prosecutor Lee Bremridge said drugs were first found in Lean's possession after he was seen acting suspiciously near a house in Kingsteignton.

Vicky Ayling saw Lean crouching in a field at the back of the house and shouted at him.

Her husband Jeremy told her to call the police and went off in pursuit of the defendant.

He found him in a neighbour's garden and Lean, who gave a false name, said he was doing nothing wrong and was just out for a walk. When Mr Ayling said his wife was calling the police, Lean tried to make a run for it but was chased and rugby tackled to the ground by the householder who held on to him until officers arrived.

They then searched his car nearby and found bags with amphetamine worth £800 in them, £2,000 worth of Ecstasy tablets and some cash.

Lean said nothing in interview and was released on bail.

His car was then seen in a country lane near Dawlish and he bolted when police said they wanted to talk to him.

He ran off across fields leading to the police helicopter being launched and dogs taken to the area.

He was caught after the dogs were released and another search of the vehicle revealed £8,000 worth of heroin in 22 sealed bags and bundles of bank notes amounting to £2,500.

The following day officers went back to the field and found 710 grams of amphetamine worth £7,100 which Lean had been discarding while he fled.

Mr Bremridge said the total quantity of drugs seized was 80 grams of heroin, 489 ecstasy tablets and 710 grams of amphetamine together with £2,500 in cash.

He said Lean had previous convictions stretching back to 1987 and even a four-year sentence for supplying cocaine in 2003 had failed to stop him being convicted of possessing cocaine, amphetamine and cannabis in 2006.

In mitigation, Emma Smith said Lean had been making excellent progress under a community order and was currently highly motivated to change.

He had not committed any offences for nearly a year and the probation service considered he was manageable in the community.

Miss Smith said if Lean were sent back to prison there was a risk of his lapsing back into his old ways while inside.

Judge Griggs, who had been supervising the review hearings under the community order, told Lean: "You and I have been looking at each other across this court room for several months and I was aware of these matters.

"You have been making good progress but I am quite satisfied these offences were committed while that order was in being and some of the time you were on bail.

"I would be failing in my public duty if I did pass a prison sentence. I am sorry I can't do anything other than pass such a sentence because if I did not the prosecution would go to the Court of Appeal who would say: 'what on earth does that judge think he is doing?' You would then be taken back into custody."

Judge Griggs ordered that the £2,565 seized from Lean be confiscated and given to the Devon and Cornwall police to be used in the fight against crime locally.