Court Outcome

A 20-year-old South Australian man who shared extreme right-wing material online and wore a Nazi uniform to a McDonald's outlet has avoided jail time. Heath Duke appeared in Adelaide Magistrates Court on Monday after pleading guilty to 16 counts of using or displaying a Nazi symbol and breaching bail.

Magistrate Koula Kossiavelos handed Duke a two-year good behaviour bond, a $500 fine, and banned him from accessing social media for two years. She also recorded no conviction against him.

"So I am going to extend the maximum leniency that I can, and that is to give you (no) conviction and the good behaviour bond," she told Duke.

The Offences

Police identified 97 public posts containing Nazi symbols that Duke shared on the messaging platform Telegram between February and April this year, according to court documents. Duke was charged with 13 counts of displaying a Nazi symbol, which were representative of the posts.

On May 25, Duke attended a McDonald's outlet in Collinswood, where he was employed, dressed in a Nazi-style uniform that displayed a swastika and a swastika pin attached to the tunic. A prosecutor told the court he told a witness, "we all know something had to be done about them". Duke was subsequently sacked.

When police went to his home on June 3, they seized the uniform and a large Nazi flag on display. While on bail, Duke breached his conditions by posting further Nazi-related material online.

The maximum penalty for each offence under South Australian laws banning the display of Nazi symbols is 12 months in prison or a $20,000 fine.

Court Remarks

Magistrate Kossiavelos said a pre-sentence report showed Duke had diagnoses of autism, attention deficit disorder, and oppositional defiant disorder, and had a "significant fixation" with extreme right-wing beliefs.

"You have had significant isolation and loneliness, and you have decided that you identify with Thomas Sewell and have a strong desire to relate to the National Socialist movement," she said.

"For the Jewish community in Australia, this would be a very sad case to see a young man who's 20 years of age and is fixated on issues that have been deeply felt for them."

Duke's lawyer said his client, who had two black eyes, was very vulnerable and "he's had a very difficult time in custody". The lawyer said Duke "identifies" with convicted criminal and leader of the neo-Nazi group National Socialist Network, Thomas Sewell, but had no contact with him.

"He hasn't had any contact with Mr Sewell before, he does wish to advocate for Thomas Sewell politically," the lawyer said, adding that moving forward, Duke wished to "continue advocating for his own interests but he'll project his beliefs in a different way".

Duke spent a total of 12 days in custody.

The prosecutor asked that convictions be recorded but was not opposed to a suspended jail term. Ms Kossiavelos said she considered that convictions "would be harsh in the circumstances, especially where you have underlying disability that has contributed to this behaviour". She noted Duke was a young man from "a good family" and his parents were in court supporting him.

She also told Duke he should undertake a deradicalisation program if it was deemed appropriate.