A 36-year-old man has avoided a prison sentence after he pleaded guilty to the display of a Nazi symbol on a Newcastle beach on Christmas Day last year.
Nowra bricklayer Andrew Marc Laszlo Lorant, was charged with knowingly displaying a Nazi symbol in public without a reasonable excuse.
He entered a guilty plea last month, when more serious Commonwealth charges were also dropped by the prosecution.
Lorant was photographed at Bar Beach by a member of the public with two offensive tattoos visible on his lower leg.
One displayed the white supremacist slogan "white power" while the second displayed the Nazi "SS" insignia on the back of his right leg within a shield.
Lorant was sentenced on Friday morning. His defence counsel Steven Nazarian argued his client had demonstrated remorse and shame over the tattoos and denied any ongoing Nazi ideology connected to the markings.
Mr Nazarian said Lorant had been forthcoming with police in his interviews before attaining representation, expressing that he had wanted to get the tattoo removed but could not afford it at the time.
He also admitted he was aware of the "SS" symbol's use on Nazi uniforms and its connotations.
Mr Nazarian argued the offense was on the lower end of the objective scale, a position agreed by both the prosecutor and Judge Georgina Darcy.
"This is not a matter where he was waving a Nazi flag in front of Parliament House or wearing a shirt with an insignia," Mr Nazarian said.
"The facts are he was incarcerated at the Junee Correctional Centre, which is notorious for the racial segregation within.
"He found strength in numbers. He was in a group of white prisoners who had this insignia tattooed on them.
"He received these tattoos in jail and once he had them, he was stuck with them."
Mr Nazarian said Lorant had since had the tattoos covered up pro bono by a tattoo artist, a procedure that otherwise would have him cost over $4000.
Mr Nazarian said Lorant held no ongoing ideology connected with the tattoo.
"This man does not know Himmler, Hess and Goering. He does not adhere and is unaware of national socialism or master race ideology," he said.
"This is a person that attained this tattoo for safety in numbers while in jail.
"Whatever inkling of ideology he may have had, he has renounced."
The prosecution argued a conviction was appropriate given the need for general deterrence and recognising the harm to the community.
""Nazi symbols represent racist, violent and hateful ideology which causes significant harm to targeted groups, in particular the Jewish community, but also to other communities targeted by the Nazi regime. Who have a right not to be intimidated or harassed," prosecutor Ms Gunaridis told the court.
"The public display of such symbols can incite other susceptible members of the community to hatred, discrimination and violence."
Ms Gunaridis pointed out that the offence occurred just weeks after the Bondi terrorist attack that targeted the Jewish community on a religious holiday, arguing that community "would have been in a heightened state of fear and emotion".
She also recognised positive signs of rehabilitation and the low risk of reoffending now the tattoos were covered.
Judge Darcy said the potential of harm to the community was great as the offence occurred on a busy day at a beach where children were present, but agreed it was on the lower end of scale given "it is not you going out waving a Nazi symbol at Parliament House".
"However, it is clear at least one person who reported this to the police was significantly affected by the display of the symbol," Judge Darcy said.
"The timing of the offence is relevant as it occurred mere weeks after the atrocities at Bondi."
The judge agreed there "was no real evidence" before the court that suggested Lorant held any Nazi ideology.
"It appeared you acted in ignorance when you were in a prison with other inmates and you aligned yourself with them and the tattoo was placed on your body," she said.
She said it was comforting to see members of the community who was willing to cover the tattoo without payment.
"The community no longer has to see the the tattoo on your leg which was quite confronting," she said.
The maximim penalty for the offence includes up to 12 months imprisonment or up to a $11000 fine.
Lorant was sentenced to a one-year community corrections order, and a conviction was recorded.
