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 becomes the first Australian to be jailed for this offence under Victoria's recent laws banning the gesture.
Court Upholds Conviction in Landmark Case
Victorian County Court Judge Simon Moglia re-sentenced Hersant on Wednesday, describing his actions as "contemptuous" and demonstrating a clear disregard for court authority. The judge found Hersant guilty of intentionally performing the Nazi salute on 27 October 2023, just six days after new Victorian legislation prohibiting the gesture came into effect.
Video Evidence and Provocative Statements
During the appeal hearing, video evidence presented to the court showed Hersant standing alongside fellow neo-Nazi Thomas Sewell as he raised his arm in the salute before gathered media outside the court building. The footage captured Hersant making inflammatory remarks including "nearly did it – it's illegal now" and "Australia for the white man, heil Hitler" before walking away from the scene.
Judge Moglia noted that Hersant performed the salute mere minutes after receiving a community corrections order for a violent affray in regional Victoria, constituting a breach of that order. The timing and location of the gesture were particularly significant, occurring directly outside a court of law where Hersant had just been sentenced.
Legal Arguments and Judicial Findings
Hersant's defence lawyer, Tim Smartt, argued against imprisonment, suggesting his client's actions were less serious than other cases involving the Nazi salute where offenders received fines or corrections orders. Smartt contended that Hersant did not direct the gesture at any specific group or location such as a synagogue, and claimed media presence had provoked the behaviour.
Prosecutor Daniel Gurvich KC countered these arguments, asserting that Hersant had performed the salute in a calculated manner designed to achieve maximum impact. Gurvich emphasised that the actions were harmful to Victoria's Jewish community and other minority groups, with Hersant fully aware he was committing the offence in full public view.
Judge's Assessment of Intent and Impact
Judge Moglia agreed with the prosecution's assessment, finding that Hersant had "relished" the opportunity to perform the gesture before media and the wider community. The judge stated that Victoria's parliament had specifically recognised the harm caused by Nazi salutes to the state's diverse population, making the offence particularly serious in this context.
"He relished that opportunity at the time and his intention was to engage in the gesture in full knowledge it was being done … in the presence of the wider community," Moglia declared in his judgment. The judge determined that Hersant's actions warranted imprisonment despite defence arguments comparing the case to other offences.
Additional Penalties and Immediate Custody
In addition to the one-month jail term for performing the Nazi salute, Hersant was convicted and fined $1000 for breaching his community corrections order. The 26-year-old showed no visible reaction as the sentence was delivered, looking straight ahead throughout the proceedings.
Hersant was taken into custody immediately following the re-sentencing hearing, marking the conclusion of legal proceedings that began with his original conviction in November 2024. His failed appeal represents a significant test case for Victoria's laws prohibiting Nazi symbols and gestures, establishing precedent for how such offences will be treated in the Australian legal system.
