Terror menace avoids jail, clashes with camera crews
A Melbourne man should not be jailed because he was in a drug induced psychosis when he tweeted death threats to police and urged Islamic State to behead captives, a magistrate says.
Khoder Moustafa Taha, 36, of Brunswick, was on Friday sentenced to a two year community corrections order after he pleaded guilty to 10 charges including using a carriage service to threaten.
A man who tweeted support for the Sydney siege gunman is due to front court to be sentenced.
He was also banned from using social media.
Deputy chief magistrate Jelena Popovic said there was a causal connection between Taha's offending and a drug-induced psychosis he experienced from October to December last year.
"Notwithstanding the public interest in this matter generated by Mr Taha's threats and seemingly Jihadist sympathies, Mr Taha is not, in my view, a vehicle for a wide application of the notion of `general deterrence'," Ms Popovic said.
Taha was arrested in January following the Twitter rant that condoned terrorist behaviour and was racist, misogynistic and threatening.
"An officer will die," he tweeted to Victoria Police in November.
Another time he tweeted to Victoria Police a picture of Russian President Vladimir Putin holding a gun, and told them, "I'm going to hurt your officers."
Another tweet urged Islamic State to behead captives.
"As soon as you get them, execute them, film it, send it to the parents of the victim," the tweet read.
He sent abusive tweets to Prime Minister Tony Abbott and Treasurer Joe Hockey, and tweeted support for Sydney siege gunman Man Haron Monis.
"The behaviour was characterised by misogyny, violence, condoning of terrorist behaviour, vulgarity, racism, disrespect for institutions including Victoria Police and general," Ms Popovic said in her published sentencing remarks.
However she said Taha never engaged in any acts of terrorism or behaviour that indicated he intended to.
"The matters with which he has been charged relate solely to offensive threats made via Twitter," Ms Popovic said, adding the community would be served by the monitoring a corrections order allowed.
Taha also punched his mother in December, giving her a black eye.
Ms Popovic said Taha pleaded guilty within three weeks of being charged, which indicated he accepted responsibility for his offending.
The Brunswick man declined to comment outside of court.
