A man linked to a white far-right nationalist party has narrowly avoided being sent to jail after he bombarded a journalist with messages threatening to smash him “to a f***ing pulp” and “circumcise you into a carrot”.
Nathan Jacob Sykes, 53, was on Friday sentenced in the NSW District Court after he pleaded guilty to using a carriage service to threaten serious harm to Melbourne-based lawyer and freelance writer Luke McMahon.
The court was told that Sydney-based Sykes remained unrepentant and claimed that Mr McMahon was the protagonist in the saga, with Judge Gina O’Rourke taking into account Sykes’ lack of remorse.
Mr McMahon in April 2017 wrote a story about Sykes published in The Age and Sydney Morning Herald under the headline “Revealing the secrets of one of Australia’s worst online trolls”.
The following month Sykes left a series of voicemail messages, including one on October 7 in which he said he was going to “absolutely f***ing destroy you” and “torture you to an absolute delight”.
“I have people in Melbourne looking into you right now staring at you from across the street from where you live,” Sykes said in one message.
The court was told that on one occasion a video was posted on social media of Australia First Party president Jim Saleam delivering a card to what was Sykes’ former residence in East Melbourne.
The court had previously been told that Sykes had written articles for his party’s website.
During a sentencing hearing last month, Mr Saleam admitted that he had gone to Mr McMahon’s house with another man carrying a video camera with the intent of posting the footage on YouTube before leaving a business card.
However, he denied it was an attempt to “intimidate” Mr McMahon.
Sykes left another three voicemail messages for Mr McMahon in January 2018.
During the first message Sykes told Mr McMahon that he was “not in a safe position” and was going to “stamp your f***ing teeth into the sidewalk”.
“The minute you raise your head up publicly, not only are my people going to stick you out in Melbourne and physically smash you to a f**xjmtzyw*ing pulp, but you can’t even publish, your credibility is destroyed,” Sykes said in another message.
He went on to say: “You’re dead and baby I’m catching up with you, I’m so catching up with you when I get to Melbourne.”
He also threatened to “circumcise you into a carrot”.
Sykes was arrested at his Brighton Le Sands residence in March 2018 and last year pleaded guilty to two charges – using a carriage service to menace or harass and using a carriage service to make threats.
Judge O’Rourke said Sykes had failed to show remorse or contrition and continued to maintain that police had failed to investigate Mr McMahon for harassment.
“Deterrence is an important factor in sentencing for these types of offences, which are easy to do, hiding behind telecommunication and can be hard to detect,” she said.
“We live in a society which provides freedom of speech, and they are to be respected even if they are not agreed with.”
Judge O’Rourke said she considered sending Sykes to jail, citing the need to protect the public and his lack of remorse, however also took into account he had not offended since his arrest and the manner that would best support his rehabilitation.
“I have ultimately determined, with some hesitation, that an intensive corrections order is an appropriate sentencing option for this offender,” she said.
Sykes was sentenced to a 19-month intensive corrections order and was ordered to perform 150 hours of community service.
