A Queensland refugee advocate won't spend any time behind bars for throwing his shoes at Peter Dutton but wants Immigration Minister Peter Dutton, himself, locked up.
David Sprigg, 34, was found guilty of being a public nuisance following a one-day trial in the Brisbane Magistrates Court on Wednesday.
Sprigg threw his footwear at Mr Dutton at a citizenship ceremony in Brisbane's south in June.
The immigration minister had started giving a speech at the event when Sprigg yelled "release the refugees" and "free the children" before throwing his shoes at the north Brisbane-based MP.
One of the shoes missed Mr Dutton, the other he caught before continuing with his talk.
Sprigg told the court he wasn't remorseful for his actions - an act of protest against the government's border protection measures and detention of refugees - and reiterated this after his sentence was handed down.
"Peter Dutton should be on trial - two women have been raped (and) children are in detention," he repeated three times while flanked by supporters outside court on Wednesday afternoon.
Magistrate Linda Bradford-Morgan agreed with the prosecution's argument that Sprigg's actions were disorderly and in contrast to the peaceful nature of the ceremony.
Prosecutor Julie Pietzner-Hagan said evidence given by several officers during the trial proved Sprigg's actions had caused some level of alarm and disruption, although she said there wasn't any concern about violence.
During closing submissions, the accused told the court the act was political, not criminal. He also disputed that his behaviour was disorderly.
"It is necessary for a democracy for people to be able to express their political opinion," Sprigg said, adding that shoe-throwing was an act of protest recognised world-wide.
He also told the court he was a virtuous person who acted on his conscience, saying he was ashamed of the way Australia treated refugees.
Magistrate Bradford-Morgan said she did not accept Sprigg's argument that his conduct didn't interfere with the ceremony and handed him a $1000 fine.
"It is accepted that no physical harm was intended, however the conduct of throwing shoes is in contrast to the defendant's assertion that he's a pacifist," she said.
The magistrate took into account the fact he only had one minor prior conviction - which related to a separate protest earlier this year - and ordered no conviction be recorded.
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