Far-right extremist Jacob Hersant has been jailed for one month after losing an appeal against his conviction for performing a Nazi salute outside a Melbourne court. The 26-year-old was the first Australian to receive a prison sentence for the offence in November 2024, but immediately appealed the conviction and sentence.
At a three-day appeal hearing, Hersant argued he did not perform the salute and that the charge was constitutionally invalid. However, Victorian county court judge Simon Moglia rejected those arguments, finding him guilty of intentionally performing the salute on 27 October 2023, just six days after Victoria's ban on the gesture came into effect.
Video evidence showed Hersant standing alongside fellow neo-Nazi Thomas Sewell, raising his arm in salute in front of media outside the court. He was then heard saying, “nearly did it – it’s illegal now” and “Australia for the white man, heil Hitler”.
Judge Moglia described the offending as “contemptuous”, noting that Hersant performed the salute only minutes after being sentenced to a community corrections order for a violent affray. The judge said Hersant “relished” the opportunity to commit the gesture in full knowledge of the media presence and the wider community.
Hersant’s lawyer, Tim Smartt, argued against a jail term, claiming the offence was less serious than others and that his client was provoked by the media. However, prosecutor Daniel Gurvich KC countered that Hersant acted in a calculated fashion to achieve maximum impact, causing harm to the Jewish community and other minority groups. The judge agreed, imposing a one-month jail term and a $1,000 fine for breaching his corrections order.
