South Australian man avoids jail time for sharing Nazi material and wearing uniform in public

A young South Australian man who shared extreme right-wing, antisemitic material online and attended a McDonald's outlet dressed in a Nazi uniform has avoided jail time.

Heath Duke, 20, appeared in the Adelaide Magistrates Court on Monday after previously pleading guilty to 16 counts of using a Nazi symbol or salute.

The court heard police had identified 97 public posts containing Nazi symbols that Duke had shared on the messaging platform Telegram between February and April this year. ­­

It also heard on May 25 this year, Duke attended McDonald's at Collinswood — where he worked at the time — dressed in a Nazi uniform which featured swastikas.

The prosecutor told the court witnesses observed him speaking German and "rehearsing a speech".

"Members of the public appeared visibly concerned and one witness even reported to police that they were feeling that the defendant may harm somebody on the night," she said.

The court heard when police later went to his home they found the uniform, as well as a large Nazi flag which was visible from a shared driveway.

The prosecutor told the court Duke then breached a bail condition last month by accessing social media through a different account and posting content which "intended to glorify Hitler".

The court heard Duke — who appeared via video link — had experienced a "very difficult time" in the 11 days he had been in custody.

The court heard he had a long-standing autism diagnosis, suffered significant loneliness and presented a fixation of extreme right-wing beliefs.

The defence lawyer told the court his client "identifies" with convicted criminal and leader of the neo-Nazi group National Socialist Network Thomas Sewell.

"He hasn't had any contact with Mr Sewell before, he does wish to advocate for Thomas Sewell politically," Duke's lawyer said.

"Moving forward, he wishes to continue advocating for his own interests but he'll project his beliefs in a different way.

While acknowledging Duke's behaviour was not acceptable in Australia, Magistrate Koula Kossiavelos also said she believed with the "right rehabilitation" the behaviour would not be repeated, noting he had no prior criminal history.

"For the Jewish community in Australia, this would be a very sad case to see a young man whose 20 years of age and is fixated on issues that have been deep-felt for them and continue to be," she said.

"You have political beliefs that are not shared in the community for good reason."

Magistrate Kossiavelos said there was a correlation between the defendant ceasing medication for his ADHD and the offending recurring, adding there was "good reason" for him to start taking it again.

"Yeah, I don't want to break the law," Duke replied.

Magistrate Kossiavelos told the court she would "extend the maximum leniency" to Duke's sentence, handing him a two-year good behaviour bond and recording no conviction.

Duke was also banned from accessing social media platforms for two years.