“The shooting was a horrific and gut-wrenching event, an unfolding drama and trauma,” expressed Judge Michael Barko as he delivered the sentence to the First Nations individual today.
Judge Barko sentenced the man to 12 months in jail, with eligibility for parole after nine months.
Earlier, the defense lawyer, Stephen Alexander, argued that his client did not hold ideological anti-Semitic views.
“His statements were anti-Semitic, but he didn’t intentionally aim to be an anti-Semite,” Alexander stated.
“He doesn’t see himself as having racist attitudes towards the Jewish community.”
However, Judge Barko was not convinced, emphasizing that McMillan had specifically targeted Jews during his 35-minute outburst.
“Not one other faith, belief or culture was referred to,” the judge said.
The 23-year-old Dubbo man watched the sentencing by audiovisual link from Shortland prison near Cessnock, stroking his goatee while Judge Barko spoke.
The bricklayer 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 November 3.
On the footbridge, the First Nations bricklayer yelled, “F— 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 f—ing go? I’ll f—in bash ya. This is my f—in 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 anti-Semitic remarks.
He rode onto Bondi Junction where he continued yelling racist slurs after falling off his bike.
He was arrested by NSW Police on February 4.
Alexander told the court today 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.
Judge 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 today.
McMillan’s friend has been charged over the incident with a warrant out for his arrest.
Accused terrorist Naveed Akram and his father Sajid opened fire during Hannukah celebrations at Bondi Beach in Sydney on December 14.
Fifteen people were killed, including a 10-year-old girl, and 40 people were injured, while Sajid Akram was shot dead by police.
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