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A man seen mimicking the Bondi beach terror attack before making slurs against Jewish people has been jailed.
Zayne Jason William McMillan, 23, was heavily intoxicated when he and a friend went to Bondi beach, six weeks after the shooting, in which 15 people were killed.
“[The shooting] was horrific, it was gut-wrenching, it was just a developing ongoing drama and trauma,” Judge Michael Barko said as he sentenced the man on Tuesday.
McMillan was seen on 31 January on the same Bondi footbridge involved in the attack, posing as though holding a long-arm firearm while his friend took photographs, according to the agreed facts.
Barko gave him a 12-month jail sentence, with a non-parole period of nine months.
Earlier, defence barrister Stephen Alexander said his client was not an ideological antisemite.
“What he did say was antisemitic but he didn’t go out of his way to be an antisemite,” Alexander said.
“He does not consider himself as being a racist towards the Jewish community.”
Barko rejected this, noting McMillan had singled out Jews during his 35-minute tirade.
“Not one other faith, belief or culture was referred to,” the judge said.
The 23-year-old bricklayer from Dubbo watched the sentencing by audio-visual link from Shortland prison near Cessnock, stroking his goatee while Barko spoke.
McMillan received a discounted sentence after earlier pleading guilty to three counts of offensive behaviour in a public place and two counts of intimidation.
He will be eligible for release on 3 November.
On the footbridge, McMillan yelled “fuck the Jews”.
“I’m a Koori, I can do what I like,” he said.
McMillan then verbally threatened a 47-year-old man walking by with his family after they made eye-contact.
“Do you wanna fucking go? I’ll fuckin’ bash ya. This is my fuckin’ land,” he said.
The 23-year-old rode a bicycle to Waverley Oval where he intimidated a second visibly Jewish victim walking with his son to a synagogue by yelling antisemitic remarks.
He rode on to Bondi Junction where he continued yelling racist slurs after falling off his bike.
He was arrested by New South Wales police on 4 February.
Alexander told the court on Tuesday the incident was sparked by someone responding to his client yelling “Free Palestine” on the footbridge.
“You’re stealing land and killing woman and children … just like the white man,” he allegedly said.
The barrister said his client had taken a mix of alcohol, ketamine, MDMA and magic mushrooms.
A psychologist had also provisionally diagnosed the bricklayer with a complex post traumatic background due to a deprived childhood.
Barko noted McMillan was on parole at the time, breaching conditions imposed by taking illicit substances and committing further offences.
Outside court, Alexander told reporters the sentence imposed was a pretty fair outcome.
“My client’s pretty pleased with it,” he said.
“He’ll just get on with his life and hopefully will do a lot better when he comes out.”
In March, the local court heard McMillan wanted to apologise to the court for his conduct.
A direct apology did not occur on Tuesday.
McMillan’s friend has been charged over the incident with a warrant out for his arrest.
Naveed Akram and his father, Sajid, are accused of opening fire during Hanukah celebrations at Bondi beach in Sydney on 14 December.
Fifteen people were killed, including a 10-year-old girl, and 40 people were injured. Sajid Akram was shot dead by police.
