A CRACK cocaine dealer has been told by a judge he is the ‘one in 100’ who does not have to serve a jail term for peddling the drug.

Timoy Graham, of Graham Street, Swindon, was caught with 38 wraps when police raisded the house in Chippenham where he was staying.

And when they searched the 30-year-old’s mobile phone they found it contained a series of message referring to the trade in the drug.

But after hearing the Swindon father-of-two had never been in trouble before, a judge said he was passing a sentence which “might be seen by others as lenient”.

Recorder Michael Vere-Hodge QC, at Swindon Crown Court, imposed a one-year jail term, suspended for a year, with 200 hours’ unpaid work and a one-month curfew from 7am to 7pm.

He said: “It doesn’t need me to spell out to you how serious an offence dealing in class A drugs is and you will understand, as others in court and anyone who reads about this case, that nine times out of 10 those who get involved in dealing class A drugs end up serving a substantial prison sentence.

He added: “I have come to the conclusion that it is just possible, and just permissible under the sentencing guidelines, to deal with you in a way which means you don’t have to go straight to prison.”

Graham pleaded guilty to possessing a class A drug with intent so supply and straight possession of cannabis.

Rob Ross, defending, said his client was a devout Rastafarian and was ashamed of what he had done.

He said Graham had lost his job, through no fault of his own, and following a row had split with his partner.

Finding himself homeless and without an income he said he was preyed upon by dealers who got him to sell drugs for them.