A 29-year-old man has avoided jail for supplying a prohibited drug.
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Matthew Rafeal Cheney, of Bungendore, appeared before Goulburn Local Court on August 18. He faced two charges of possess prohibited drug and one charge of supply prohibited drug. Cheney had previously pleaded not guilty to the supply charge but was found guilty after a hearing.
Magistrate Geraldine Beattie told the court Cheney had possession of 94 capsules weighing 5.5 grams of psilocin and psilocybin (a hallucinogen found in magic mushrooms).
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Magistrate Beattie said Cheney had purchased the drugs from a person in Canberra for a "bargain" and had claimed his intention was to "microdose".
Defence solicitor Jack Reid argued there was "evidence before the court at least some of [the drugs] were for personal use".
He said due to his client's mental health, Cheney would be "a poor vehicle for general deterrence".
Mr Reid presented to the court Cheney was working on his drug and alcohol dependence and mental health problems.
In response to the defence's argument, Magistrate Beattie said "all the documents say is he has a mental health care plan and an appointment to see a psychologist".
The magistrate rejected the position that the drug was for personal use.
She told the court that character references mentioned Cheney's need to care for his father, and that he was a talented skateboarder.
In sentencing, Magistrate Beattie said Cheney had been on a Community Corrections Order at the time of the offence for a domestic violence matter.
Cheney was sentenced to a 16-month Intensive Corrections Order with conditions to abstain from drugs, and engage in mental health, alcohol and drug intervention. Cheney was fined $600 for cannabis possession.
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