First Australian Sentenced to Prison for Performing Nazi Salute
In a landmark legal decision, far-right extremist Jacob Hersant has been sentenced to one month's imprisonment after losing an appeal against his conviction for performing a Nazi salute outside a court in Melbourne. The 26-year-old neo-Nazi became the first Australian to receive a jail term for this offence, marking a significant enforcement of Victoria's recent laws banning the gesture.
Contemptuous Gesture Outside Court
Victorian County Court Judge Simon Moglia re-sentenced Hersant on Wednesday, describing his actions as "contemptuous" and demonstrating a clear disregard for the authority of the court. The incident occurred on 27 October 2023, just six days after new legislation prohibiting the Nazi salute came into effect in Victoria.
Video evidence presented to the court showed Hersant standing alongside fellow neo-Nazi Thomas Sewell as he raised his arm in the salute in front of media gathered outside the court. He was then captured on camera saying, "nearly did it – it's illegal now" and "Australia for the white man, heil Hitler," before walking away.
Failed Appeal and Legal Arguments
Hersant was initially sentenced in November 2024 but immediately appealed against both his conviction and the one-month jail term. During a three-day appeal hearing, he argued that he did not perform the Nazi salute and, even if he did, the charge was constitutionally invalid. Judge Moglia rejected these arguments, finding Hersant guilty in December of intentionally performing the gesture.
The judge noted that Hersant performed the salute only minutes after being sentenced to a community corrections order for a violent affray in regional Victoria. This action was found to be in breach of that corrections order, adding to the severity of his offending.
Defence and Prosecution Positions
Hersant's lawyer, Tim Smartt, accepted the breach but argued against imprisonment, pointing to other cases where offenders were fined or given corrections orders for similar gestures. Smartt contended that Hersant's offending was less serious because he did not perform the salute directly at a specific group or in a sensitive location like a synagogue. He also claimed Hersant was provoked by the media and that his crime did not cause the same level of harm as offences like family violence or sexual assault.
Prosecutor Daniel Gurvich KC countered that Hersant performed the salute in a calculated manner to achieve maximum impact. He argued that Hersant was not provoked by reporters and that his actions were harmful to the Jewish community and other minority groups. Judge Moglia agreed with the prosecution, finding that Hersant "relished" the opportunity to engage with the media and commit the offence, fully aware it was being done in the presence of the wider community.
Judgment and Sentencing
Judge Moglia emphasised that the state's parliament recognised the Nazi salute causes harm to Victoria's diverse community. He found Hersant's actions to be ultimately offensive and worthy of a one-month jail term. In addition to the imprisonment, Hersant was convicted and fined $1000 for breaching his corrections order. He was taken into custody at the end of the re-sentencing hearing.
This case sets a precedent in Australia, highlighting the legal consequences for hate symbols and reinforcing the commitment to protecting community harmony against extremist ideologies.
