A drug user incapacitated by police as he tried to swallow a packet of heroin has failed in an Appeal Court bid to cut his jail term.

John Waters, 42, was chased by police targeting drug dealers in Brighton on June 2 last year and was seen trying to swallow a small packet of heroin as an officer closed in.

Mr Justice Grigson said the officer was concerned the packet might burst in Waters' stomach if he swallowed it and threatened to use a debilitating spray on him if he failed to stop.

"As Waters continued jogging the officer sprayed him," said the judge, adding Waters later spat out a packet containing 753mg of heroin.

Waters, of Grand Parade, Brighton, later received a total sentence of two years and six months after admitting possessing heroin and a separate charge of burglary.

That charge related to an incident in April last year in which Waters forced entry into a house, making off with £125 in cash.

Mr Justice Grigson said Waters had an "appalling record", with past court appearances for theft, dishonesty and drug offences.

Although he has now shown a "high level of motivation to end his drug addiction" the original sentence could not be faulted, he ruled.

The judge, sitting with Lord Justice Rose and Mr Justice Beatson, said: "There was nothing wrong with the sentence.

"For a person with his record it was neither wrong in principle nor manifestly excessive."