An SBS employee who drunkenly posted “ill-advised” satirical threat to murder police in the name of Allah has had his conviction overturned on appeal.
Nicholas Rabone Hogan, 32, posted the threat to Facebook hours after the funeral of the murdered NSW police accountant Curtis Cheng on 16 October 2015.
He was convicted in December 2015 and given a two-year good behaviour bond. However, Hogan appealed to the district court and in April judge Christopher Hoy quashed his conviction under section 19B of the federal Crimes Act, which allows for an offence, while proven, to be dismissed on character and other grounds.
Hogan’s barrister, Tom Molomby SC, told the court section 19B was “tailor made” for no conviction to be recorded against Hogan. Molomby submitted that the offence was not committed with any intent to harm, was not aimed at anyone and had no victim.
The court had heard in December that Hogan drank 10 pints before posting “I’m going to kill a police officer this morning in the name of Allah” in what his lawyer called “ill-advised” satire.
