`There is nothing … to admire about your conduct and every reason why it should be roundly condemned. You pointed out [weaknesses] to some of the system administrators … [but] this was more a display of arrogance and a demonstration of what you thought was your superiority rather than an act of altruism on your part.
`You … bragged about what you had done or were going to do … Your conduct revealed … arrogance on your part, open defiance, and an intention to the beat the system. [You] did cause havoc for a time within the various targeted systems.'
Although the judge appeared firm in his views while passing sentence, behind the scenes he had agonised greatly over his decision. He had attempted to balance what he saw as the need for deterrence, the creation of a precedence for sentencing hacking cases in Australia, and the individual aspects of this case. Finally, after sifting through the arguments again and again, he had reached a decision.
`I have no doubt that some sections of our community would regard anything than a custodial sentence as less than appropriate. I share that view. But after much reflection … I have concluded that an immediate term of imprisonment is unnecessary.'
Relief rolled across the faces of the hackers' friends and relatives as the judge ordered Phoenix to complete 500 hours of community service work over two years and assigned him a $1000 twelve-month good behaviour bond. He gave Nom 200 hours, and a $500, six-month bond for good behaviour.
As Phoenix was leaving the courtroom, a tall, skinny young man, loped down the aisle towards him.
`Congratulations,' the stranger said, his long hair dangling in delicate curls around his shoulders.
`Thanks,' Phoenix answered, combing his memory for the boyish face which couldn't be any older than his own. `Do I know you?'
`Sort of,' the stranger answered. `I'm Mendax. I'm about to go through what you did, but worse.'