A CRIMINAL described by a judge as the luckiest drug dealer he had ever met has been jailed for just six months because of a legal technicality.
Dean Calixte was facing years behind bars after police searched a room he was staying in and found a stash of crack cocaine.
But because another man, Lorenzo Simon, who was arrested for the same offence at the same time as Calixte, had already been jailed for six months, Deputy Circuit Judge Christopher Leigh QC said his hands were tied.
Sentencing Calixte, Judge Leigh told him: ‘In my view your sentence ought to be measured in years not months. However, on an earlier occasion, another man who was at least as involved as you were and probably more was sentenced to six months’ imprisonment.
‘In my view this is a perfect illustration of why good sentencing practice demands that all defendants charged with the same offence are dealt with on the same occasion by the same judge. I feel deep regret I am bound to impose the same sentence on you.
‘You are the luckiest drug dealer I have ever come across.’
The court heard Calixte already had two previous convictions for dealing drugs.
The judge added: ‘Do it again and you have now got three convictions for possession with intent to supply and you will probably get what you deserve this time and more.’
Calixte’s accomplice, Simon, 30, of Clegg Road, Southsea, was sentenced at an earlier hearing by a recorder – a less senior judge – at Portsmouth Crown Court.
The judge said Calixte’s sentence had to match that of Simon’s otherwise he would be able to overturn it at the Court of Appeal.
The court heard Calixte was arrested in Drummond Road, Landport, Portsmouth, last May.
Police had seen a drug deal take place outside the property and when they searched inside they found Calixte and Simon hiding behind a door in one room. In another room they uncovered 28 wraps of crack cocaine, with a street value of £510 and £1,400 in cash.
The 22-year-old’s fingerprints were found all over the wraps of cocaine. But Calixte, who gave his home address as Warwick Grove, London, claimed he was in Portsmouth on holiday and had just helped wrap the drugs. He admitted a charge of possession of a class A drug with intent to supply.
Tim Concannon, defending, said Calixte was keen to change his ways. ‘He has been thinking about it and what he would like to do is pass his driving test and get a job as a driver,’ he said. Referring to the drugs bust he said: ‘He is not a prime mover. He was tearing up plastic for the wraps.’