Key Takeaways
- Zayne Jason William McMillan, a 22‑year‑old, mimicked firing a weapon on the Bondi Beach pedestrian bridge shortly after the December 2024 terror attack, shouting antisemitic slurs.
- He pleaded guilty to three counts of offensive behaviour and two counts of intimidation involving public harassment, threats, and causing fear.
- The court heard that McMillan was heavily intoxicated on alcohol, ketamine, MDMA, and mushrooms at the time of the offences.
- Although his defence argued he does not hold antisemitic views, the judge noted the conduct caused real fear and was especially sensitive given the recent attack.
- McMillan received a maximum sentence of 12 months imprisonment with a non‑parole period of nine months, which his lawyer described as a fair outcome.
Incident on the Pedestrian Bridge
On an evening in January, Zayne McMillan was observed on the pedestrian bridge overlooking Bondi Beach making gestures that simulated holding a long‑arm firearm. He repeatedly yelled profanities, including “f*** the Jews” and declared, “I’m a Koori I can do what I like,” while an associate photographed his actions. The bridge had become a makeshift memorial site after the December 14 terror attack, where flowers were left in remembrance of the victims. McMillan’s behaviour directly evoked the trauma of that earlier mass shooting, heightening public distress.
Public Reaction and Impact on Bystanders
During the same episode, McMillan shouted “what the f*** are you looking at?” at a man and his family walking nearby, prompting two children to burst into tears. His conduct was not isolated; later that night, while riding rented bicycles with his associate, he repeated the same antisemitic taunts at a visibly Jewish father and son in Bondi Junction. These incidents caused immediate fear and discomfort among members of the public who perceived his actions as threatening and hateful.
Legal Charges and Pleas
McMillan faced five charges: three counts of offensive behaviour under the Summary Offences Act and two counts of intimidation. He pleaded guilty to all counts, acknowledging that his words and gestures were offensive and intended to intimidate. The guilty pleas streamlined the proceedings, allowing the court to focus on sentencing considerations rather than disputing the facts of the case.
Defence Argument on Intent and Intoxication
Defence counsel Stephen Alexander conceded that McMillan’s statements were antisemitic but argued that the defendant did not harbour antisemitic beliefs. Alexander emphasized that McMillan had not set out that evening with the purpose of targeting Jewish individuals; rather, his actions stemmed from acute impairment due to substance use. He reported that McMillan had consumed alcohol, ketamine, MDMA, and mushrooms, which collectively impaired his judgment and self‑control.
Psychological Assessment and Mitigating Factors
A psychologist’s report submitted by the defence described McMillan as having a “complex post‑traumatic background,” suggesting underlying mental‑health vulnerabilities. However, Judge Michael Barko gave the report limited weight, noting it was based on a single 30‑minute remote consultation and lacked comprehensive assessment. The judge acknowledged the defendant’s intoxication but determined that it did not excuse the harmful impact of his conduct.
Judicial Considerations of Context and Sensitivity
Judge Barko stressed that the December 14 terror attack remained fresh in the national consciousness, making any allusion to violence at Bondi Beach especially inflammatory. He remarked that the attack “ripped through the heart and soul of the Australian community,” and thus McMillan’s mimicry of shooting was perceived not merely as offensive but as a potential trigger for trauma. The judge concluded that, despite McMillan’s lack of racist self‑identification, his actions had provoked genuine fear among passers‑by.
Sentencing Decision
Taking into account the guilty pleas, the defendant’s remorse, and the mitigating factors of intoxication and personal background, Judge Barko imposed a custodial sentence of 12 months imprisonment, with a non‑parole period of nine months. The judge deemed the sentence appropriate to denounce the conduct, deter similar behaviour, and acknowledge the heightened sensitivity surrounding the Bondi precinct.
Defence Response and Outlook
Outside the courtroom, Alexander characterised the outcome as “a pretty fair outcome in the circumstances” and reported that McMillan was “pleased” with the result. He noted that the defendant accepted responsibility, expressed regret, and understood the offensiveness of his actions. Alexander anticipated that McMillan would use the period of incarceration to reflect and strive for improvement upon release.
This summary condenses the reported events, legal proceedings, and judicial reasoning surrounding Zayne McMillan’s offensive conduct at Bondi Beach and Bondi Junction, highlighting the court’s balancing of mitigating factors against the need to condemn behaviour that revived trauma from a recent terror attack.