A man who sent millions of derogatory emails during the 2020 Eden-Monaro by-election making false claims about MP Kristy McBain has been handed a 20-month jail sentence to be served in the community.
The Penrith District Court heard Blacktown resident Cheng Fan, 34, was delusional and suffering a range of mental illnesses when he sent those emails, along with others sent about former Wentworth MP Kerryn Phelps during the 2019 federal election.
The emails about Ms McBain were sent to 24 million people, and successfully landed in the inbox of about a million.
They included untrue claims that the screams of children could be heard from Ms McBain's basement.
Some of the emails falsely appeared to come from addresses related to the Catholic Archdiocese in Sydney, which received more than 40 formal complaints.
The court also heard Fan sent at least 500 emails which included racist and homophobic slurs about Wentworth candidate Kerryn Phelps.
Police found evidence that at least 500 people, and probably more, had received the emails about Dr Phelps.
Candidates feared for their safety
Fan pleaded guilty to charges of releasing misleading and deceptive matter in an election period, using a carriage service to menace and dealing in identification information and using it to commit fraud.
During sentencing, Judge Karen Robinson said Ms McBain and Dr Phelps had feared for their safety after the emails were sent.
"The offending is described by [Ms McBain] as have shaken her in a way that has made her a more guarded person," Judge Robinson said.
The court heard Ms McBain's opponent, Liberal candidate Fiona Kotvojs, was the subject of verbal abuse from people who thought she was responsible.
"The emails continue to adversely reflect on her name and reputation to this day," Judge Robinson said.
Dr Phelps' opponent, Liberal candidate Dave Sharma, told the court it had caused significant disruption to his campaign because some also thought he was behind the emails.
Mr Sharma was so concerned what he hired his own cyber security expert, whose work tracking down Fan was handed to police and led to his subsequent arrest in July 2020.
Judge Robinson described the offending as having a "considerable personal toll" on the candidates.
Job ad used to steal IDs
Fan also pleaded guilty to a number of fraud related charges after he stole the identity of several people and used their passports and licenses as part of the email scheme.
Fan found his victims by posting a fake job application online, to which more than 300 people applied.
He then requested applicants provide their ID, which he used to register sim cards.
Police found the stolen personal identification of 16 different people stored on his laptop.
Judge Robinson accepted Fan's lawyer's submission that he was motivated by his delusional beliefs, not the desire for money or political influence.
Fan had been obsessed with news coverage and believed some programs had been made specifically for him.
He also reported hearing the voices of prominent politicians.
The court heard a psychologist had diagnosed him with a range of mental health issues after his arrest and prescribed him anti-psychotic medication.
But while Judge Robinson acknowledged Fan's reduced culpability, she said he still had to be held to account for the fear and disgust he caused to innocent members of the community.
Mr Fan must seek mental health treatment and take his medication as part of the conditions of his release.
