A teenager who performed Nazi salutes in shopping centres and left white supremacist stickers at the Australian National University has had his house egged and a dead rodent left in his letterbox.
Zachery James Hook, 19, faced a sentencing hearing in the ACT Magistrates Court on Thursday, September 3.
However, magistrate James Lawton flagged the case may be moved to the Supreme Court due to "a unique situation that I've never been in before".
Hook previously pleaded guilty to two counts each of offensive behaviour and performing a Nazi salute in a public place.
While the Nazi salute charge carries a mandatory minimum penalty of 12 months imprisonment, the maximum penalty available to the ACT Magistrates Court for the charge is also 12 months.
Mr Lawton said that as a result "the sentence exercise that faces me is almost artificial as I have no discretion".
"The utility of the exercise almost becomes moot."
Commonwealth prosecutor Soraya Saikal-Skea read a victim impact statement written by an Australian National University professor to the court.
The professor said they were responsible for the wellbeing and support of Indigenous students at the university and Hook's actions had "disrupted a sense of safety".
"When material is deliberately placed around the university campus ... the consequences extend beyond the stickers themselves," the statement read.
The court heard the stickers, which Hook placed around campus on two separate occasions, contained the insignia of a known neo-Nazi group and white nationalist slogans.
The professor said the stickers caused "stress and concern" among students and staff.
"My hope is that you seriously consider the impact your actions have had on other people and the direction you want your life to take," the victim stated.
"The colour of a person's skin or their cultural identity should never be a reason for them to feel unsafe and unwelcome."
Hook also performed Nazi salutes while saying "hail Hitler" at shopping centres in front of members of the public.
Ms Saikal-Skea argued Hook's actions were comparable to terrorism offences "because they are all born out of extremist ideology".
She said a report author had noted that while Hook acknowledged his "actions were inappropriate", the 19-year-old "maintains his personal views on the issues involved".
The Commonwealth prosecutor argued that describing the crimes as inappropriate "is such an understatement as to almost be inaccurate".
"Clearly [Hook] is someone imbued in white supremacist ideology and neo-Nazi [beliefs]," Ms Saikal-Skea said.
She noted that in a 10-paragraph letter Hook wrote to the court he did not "take the opportunity to expressly renounce his views that Australia is for the white man ... or his association with neo-Nazism".
Legal Aid lawyer Samuel Collett noted the unique sentencing restraints on the Magistrates Court, but urged Mr Lawton to consider a sentence served in the community rather than behind bars.
Mr Collett said Hook had spent three days in custody over Christmas last year which was a "harrowing experience".
He argued the 19-year-old had also experienced extra-curial punishment in having found a dead rodent in his mailbox and people throwing eggs at his house.
"[Hook] has reflected on his behaviour," Mr Collett said.
The defence lawyer argued the teenager was isolated during the time of his crimes and had since made efforts to re-engage with his family and pro social supports.
Hook remains on bail and Mr Lawton is set to either hand down the sentence or commit the matter to a higher court later this month.
