Jacob Hersant, a 25-year-old far-right extremist from Melbourne, has walked out of a court after being granted bail following a one-month jail sentence for performing an illegal Nazi salute. Last month, Hersant became the first person in Victoria to be convicted for intentionally giving the salute in public while chanting “heil Hitler.”
Appearing in court on Friday morning, dressed in a navy blue suit, Hersant was sentenced by Magistrate Brett Sonnet. However, within an hour of receiving his sentence, he was granted bail pending an appeal.
During the proceedings, Hersant’s defense lawyer, Timothy Smartt, argued that the “non-violent act” of performing the salute did not justify a prison sentence for a 25-year-old. However, Magistrate Sonnet pointed out that Hersant had shown no remorse for his actions and continued to associate with the National Socialist Network, a far-right white supremacy group. The court also heard that Hersant’s comment, “Australia for the white man,” made after the salute, was intended to promote white supremacy and intensified the seriousness of the offence.
Sonnet condemned the Nazi salute, stating that it was “inherent to Nazi ideology” and was “clearly racist” and offensive to various groups, including First Nations Australians, Jewish people, and non-white Australians. The magistrate emphasized that “the white man is not superior to any other race of people” and that the court denounces Nazi ideology in the strongest terms.
Hersant’s salute was captured on video outside the Victorian County Court in October 2022, just days after the state’s laws banning such gestures came into effect. In the footage, Hersant was seen raising his arm in salute and making racist remarks, including “Australia for the white man, heil Hitler.”
In response to the sentencing, Smartt stated that a prison sentence for the act would be the “most crushing” ever handed down in Australia for a Nazi salute, citing previous cases in New South Wales where offenders had received fines instead.
The prosecutor, Daniel Gurvich KC, urged the court to impose jail time, describing Hersant's actions as calculated and aimed at maximizing their impact. Smartt, on the other hand, argued that Hersant was a young father who cared for his two-year-old son and had shown signs of rehabilitation. He suggested that a fine would be a more appropriate punishment.
After the sentence, Hersant, flanked by neo-Nazi Thomas Sewell, walked out of court and told reporters that he was “a Hitler soldier” and would continue performing the salute, though he claimed not to intend to break the law while on bail. Magistrate Sonnet warned that any further offences during the appeal would have serious consequences for Hersant’s case.
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