Jason Reginald O'Malley (49) of, Clarinda Street, Parkes has plead guilty in Parkes Local Court on October 7 to possessing a prohibited drug and not complying with a noticed direction.
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According to facts tendered in court, about 12.10pm on Tuesday August 17 police were conducting high visibility patrols of the Memorial Hill carpark in Parkes in response to stay at home orders.
Police observed a vehicle parked in the carpark with two people in it, with O'Malley being in the driver's seat.
Police spoke with O'Malley and the other passenger and asked them to state their reasonable excuse for not being at home.
Initially they stated they were waiting for a mate.
When police informed them that was not a reasonable excuse for leaving home while under COVID-related stay at home orders, they stated they were exercising.
When police challenged them on what constituted exercising, O'Malley and the other passenger stated they thought they were allowed out for a few hours each day.
It was established that O'Malley and the other person in the car did not live together.
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Police informed them that they had reasonable grounds to search them and the car and that their cooperation was requested.
According to the police facts, O'Malley told police that he had cannabis in a black bag.
He was cautioned and questioned about it and stated he intended to smoke it.
In the back seat of the car, police also located a bong which contained water and a bowl of chopped cannabis.
O'Malley stated it was marijuana and he had been using the bong to smoke immediately before being approached by the police.
The cannabis seized weighed 1.3 grams.
Magistrate McCarron told O'Malley that already being on an Intensive Corrections Order at the time of the offence, if she was him she would not be sitting in a car smoking a bong.
O'Malley was fined $250 for possessing a prohibited drug and fined $400 for not complying with a noticed direction.
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