R v Ballesty [2026] NSWDC 352

R v Ballesty [2026] NSWDC 352 is a sentencing decision concerning seven Commonwealth offences arising from extremist online conduct: failing to comply with a s 3LA assistance order, five uses of a carriage service to menace, harass or offend, and displaying a Nazi salute. A further carriage-service offence was taken into account. The key issue was the appropriate sentence, balancing the seriousness of the violent and racist communications against Ballesty’s materially contributing mental health impairment, remorse and rehabilitation prospects. Mahony SC DCJ held that general deterrence remained important and rejected time served and an intensive correction order. An aggregate three-year prison term was imposed, with recognizance release after 16 months.