A MAN studying finance at university has been convicted of supplying a prohibited drug and sentenced to nine months' imprisonment, to be served within the community.
Jonah Tuineau, of Stonestreet Place, Windradyne, was convicted before magistrate Cate Follent.
Tuineau was charged after being stopped by police on April 26 due to what was described as an erratic driving manner.
A roadside breath test produced a negative result, but police noticed the accused's hands were trembling as he handed over his driver's licence and saw a clear, resealable plastic bag within the rear of the footwell.
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Police advised Tuineau the car and occupants would be searched and they were all seated on the kerb.
Police saw a pile of dry leaves in front of the accused and, as police approached the leaves, he stood up and stood over them.
Police searched the pile of leaves and located a tobacco pouch. Inside the pouch were 35 clear capsules containing MDMA, which were seized by officers.
He was arrested and, while at the scene, police conducted an electronically recorded interview with him.
He made full admissions to being in possession of the MDMA capsules and said it was for personal use, according to the police facts.
He was taken to Bathurst Police Station, entered into custody and explained his rights.
Police analysed his mobile phone during this process and located the covert and self-dissolving message application Wickr, which police say is an app regularly used to covertly arrange the supply of prohibited drugs.
Further to this, police located what they said appeared to be a tick list of money owed by various people.
While in custody, the accused participated in an electronically recorded interview where he formally adopted the recording made at the scene.
When questioned further about the MDMA, he chose not to comment. When questioned about the use of drugs, he said he very rarely used drugs and had only smoked a joint weeks prior and, prior to that, months ago.
Police alleged the accused had the MDMA for the sole purpose of supplying.
Tuineau wrote a letter to the court where he spoke of his remorse and, in particular, the fact his actions had the ability to harm his friends.
He said the experience of being arrested by police was humiliating.
Ms Follent imprisoned Tuineau for nine months to date from September 16, expiring on June 15, to be served by way of an intensive corrections order.
She also ordered Tuineau to undertake 180 hours of community service.