A CANNABIS dealer has walked free from court for the second time after the Crown Prosecution Service decided again not to charge him with being a regular dealer.

Kieran James Barrett, 23, was awaiting sentence for supplying cannabis when he was caught with more of the drug and released on bail, only to be implicated 11 days later in yet more cannabis dealing.

The first time he was sentenced, he received a community order. The second time, he received a suspended sentence. On each occasion, the CPS charged him with offences committed on a single day, but told the court about offending on other days.

Two different judges told barristers appearing for the Crown Prosecution Service they could only sentence for the days included in the charges, not for repeated offending over a period of time.

Recorder Richard Wright QC at York Crown Court told Barrett his actions "display what was either gross stupidity or galloping arrogance."

He passed a 21-month prison sentence suspended for two years on condition that Barrett does 250 hours' unpaid work and goes on a rehabilitation course.

He also warned him that he commits any more offences, especially if they involved cannabis, that he personally will jail him.

Barrett, of Corbridge House, Fifth Avenue, Tang Hall, pleaded guilty to possessing 0.46g of cannabis in his flat with intent to supply it on February 10, 2015 and possessing 17g of cannabis with intent to supply it on February 21, 2015.

Through his solicitor advocate Kristian Cavanagh, he said he had stopped using cannabis and had a job as a groundworker with a construction firm in York.

Matthew Donkin, prosecuting, told Recorder Wright that Barrett's mobile phone showed he had received requests for the drug from 11 people on February 7, 8, and 9 last year.

Police also found drug debtor lists with figures of up to £280 on them.

But the judge told him he could not sentence Barrett for dealing in the drug over a period of time because the Crown Prosecution Service had only charged him with possessing cannabis with intent to supply it on two specific days.

In February 2015, Barrett had been awaiting sentence for supplying a single joint of cannabis on June 26, 2014.

On March 4, 2015, Michael Cahill, prosecuting, told Recorder Tim Roberts QC that following Barrett's arrest the previous summer police had found drug debtor lists, more than £1,000 in cash and drug dealing paraphernalia and argued that showed Barrett had been running a cannabis supply business for profit.

But the judge said the CPS had only charged him with supplying one joint, so he could only be sentenced for supplying one joint, not running a cannabis business.