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A man who put hydrochloric acid inside a lubricant dispenser at a Sydney gay sex club has avoided jail after being handed a good behaviour bond.
In August this year 62-year-old Hengky Irawan went to the Aarows club in Sydney's west with a litre bottle of acid, along with a funnel and a knife.
He poured the acid into the lubricant container, but set off an alarm when he broke the dispenser's seal, notifying staff at the club.
He was later charged with a range of offences, including administering poison with the intent to cause injury, distress or pain, and malicious damage.
In the Parramatta Local Court on Tuesday, his lawyer applied to have the charges dealt with under the Mental Health Act.
He submitted a report from a GP and a psychologist, telling the court his client suffered from mental illness and a doctor had referred to the act as an "irrational, uncharacteristic episode".
"[This was] not a hate crime … this can only be explained in reference to his mental health … [he was] in the midst of a major depressive episode," the lawyer told the court.
The court heard doctors had recommended a treatment plan for Irawan, including consultations with a GP and psychologists, along with possible medication.
Police prosecutor Nathan Blatch argued against this, telling the court it was a "textbook example of motivation for hatred of people".
"[He] knows it to be a place where sexual intercourse takes place," he said.
Irawan 'angry about being excluded'
Magistrate Beverley Schurr dismissed the application, and instead sentenced him to a two-year good behaviour bond.
She told the court while there was no evidence about the effect of the acid on any victims, it would have had some effect.
However she said she was not satisfied it was a hate crime, and Irawan' actions were affected by his depression and an incident earlier in the year.
"It was directed towards patrons at the nightclub because he felt aggrieved about being kicked out earlier in the year," she said.
"Not about their sexual orientation … angry about being excluded himself."
She recommended Irawan accept any treatment by his GP.
