Pendle drug dealer spared jail after Burnley magistrates tell him he was not a criminal but just 'a bit naive'
A Colne drug dealer, who invited police with no search warrant into his home, took them to his room and showed them his stash, has been spared jail - after magistrates told him he wasn’t a criminal.
The Burnley bench had been told how officers were shocked and surprised when 'relaxed and very helpful' addict Morgan Proctor told them he had been selling cannabis, LSD and Xanax.
The 23- year -old was questioned by officers and said: "I didn’t just spill the beans, I emptied the can. I think it was the way you talked to me. I just wanted to be as honest as I could.”
The hearing was told the defendant had been selling drugs to friends at cost price and wasn’t making a profit.
Proctor, who had no previous convictions, was given a 12-month conditional discharge and was told to pay £85 costs and a £22 victim surcharge.
The defendant, of Kingsley Road, had earlier admitted possessing cannabis and possessing 204 tablets of Xanax, a Class C controlled drug, with intent to supply, on May 14th, last year.
The bench chairman, Mr Peter Dalton, told the defendant: " You weren’t doing it to make a profit. You were selling it to cover your own costs. We are not going to pile on the agony for you."
Mr Dalton added: "Basically we don’t think you are a criminal. We think you have been a bit naive in your dealings.”
Miss Catherine Allan, prosecuting, said the defendant told police: " I only deal to my friends at the bottom of my street. I only sell cannabis, LSD and Xanax.”
He asked officers into his house and into his bedroom, where the drugs were stored.
When he was interviewed, he said he took Xanax for anxiety, but had become addicted.
Proctor had been given a conditional discharge for possessing LSD, in connection to the same inquiry. Miss Allan added: " He has very little understanding of the impact on society.”
Mr David Lawson, defending, described the case as 'very strange' and 'very unusual.'
He told the bench: "You won’t have heard of a defendant allowing police into his home, then escorting them to his bedroom and showing them the drugs.”
The solicitor said Proctor had a 'tremendous amount of problems' and was on benefits.
He had recently been diagnosed with ADHD and for a long time had suffered from paranoid schizophrenia.
The defendant had been admitted to hospital countless times due to suicide attempts, anxiety and depression.
Mr Lawson said Xanax calmed Proctor’s anxiety, adding: " He sourced it through the dark web, paid £1 a tablet, bought in bulk and quickly became addicted to them.”
The solicitor, who said the defendant 'associated with people of the same ilk, with the same problems,' told the court:" Thankfully, he has now sought the help of medical professionals, is attending hospital more regularly and is not using Xanax as regularly as he did.
"He is using prescribed medication.”