A Wagga mechanic who sold nine drug capsules to an undercover police operative in one of the city's major pubs, and boasted about being able to supply more, has been spared jail.
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Brendan Matthew Kelly, 22, of Lake Albert, appeared in Wagga Local Court on Wednesday for sentencing after pleading guilty to one charge of supplying a prohibited drug.
Kelly's solicitor Zac Tankard said his client had a limited prior record and had been "stupid enough to get involved in supplying tablets".
"He has a supportive family and they are mortified by his behaviour," Mr Tankard said.
According to an agreed statement of facts, Kelly was arrested as part of the Riverina Police District's Strike Force Crestreef, which was established in December to investigate the supply of prohibited drugs within Wagga's licensed premises.
In February, the NSW Police acting assistant commissioner authorised a controlled operation in Wagga allowing authorised people to engage in specific unlawful activities as part of the investigation.
On March 6, a male undercover operative entered Romano's Hotel in Wagga and engaged in conversation with Kelly at 5:45pm.
"The male person enquired as to the availability of prohibited drugs, namely cocaine and MDMA (the active ingredient in 'ecstasy')," the police statement said.
"[Kelly] spoke freely about this ability to obtain cocaine but was unsure as to its quality."
At 6.38pm, Kelly supplied nine green and white capsules, later confirmed by a lab to contain 68 per cent MDMA, in exchange for $225.
Kelly also gave the undercover operative his mobile phone number and Snapchat username.
"[Kelly] indicated he can usually supply larger amounts of other drugs, however supply issues limited his capacity on this occasion," the police statement said.
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In court on Wednesday, Mr Tankard said Kelly's claim to be able to supply more drugs was "just him talking it up".
Mr Tankard asked that Kelly be given a conditional release order as he was a "young man with whole life ahead of him with good prospects of rehabilitation".
Magistrate Philip Stewart said that was a "big ask".
"People die from drug use; it has a significant effect on people's behaviour in the community and you are now a part of this system, not a big part but still involved in supplying drugs," Magistrate Stewart said.
"Drug supply is frequently done by covert means and takes increased resources to investigate."
Kelly was convicted, fined $750 and placed on a 12-month community corrections order on the condition that he continue counselling.
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