Construction boss George Alex should serve a custodial sentence for death threats he made last year, a Sydney magistrate says.
But rather than spend any time behind bars he could serve the sentence in the community.
Alex, 44, was arrested at a Sydney hotel in September last year after police said he made threats to a number of people over the previous six months.
He pleaded guilty last month to one count of using a carriage service to threaten to kill and was due to be sentenced at the Downing Centre Local Court on Wednesday.
After reading three medical reports handed to the court by Alex's lawyer, Magistrate Chris O'Brien said "custody must be imposed".
However the court was adjourned so Alex could be assessed for his eligibility to serve the term of imprisonment under an intensive corrections order, which would mean he would be living in the community under strict conditions.
Alex, police said, told a woman "your husband is lucky I haven't sent my men".
He also intimidated a mother, father and brother, saying he would send his "crew and men" to them, a court has heard previously.
Late last year Alex faced the royal commission into union corruption to watch his lawyer cross-examine colourful business identity "Big Jim" Byrnes.
The commission has heard allegations Alex's scaffolding companies made regular illicit payments of thousands of dollars to Construction, Forestry, Mining and Energy Union officials in return for favourable treatment in workplace deals.
Mr Byrnes claimed he saw a union official take cash from Alex.
But Alex denied the allegations and described the royal commission as a political witch hunt.
When approached by reporters for comment outside court, Alex said he would leave it for the next time.
He remains on bail and is due to return to court on May 6.
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