A man who identifies as a Nazi has become the first person in Australia to be sentenced to prison for performing an illegal salute, receiving a one-month jail term from a magistrate on Friday.
Jacob Hersant is also the first individual in Victoria State to be convicted of making the Nazi salute, which has been prohibited nationwide since the offence occurred.
The 25-year-old was found guilty in Melbourne Magistrates Court last month for giving the salute in front of news cameras outside the Victoria County Court on October 27, 2023.
This occurred shortly after he narrowly avoided imprisonment for a violent disorder conviction, with the Nazi salute having been banned by the state parliament just days earlier.
While Magistrate Brett Sonnet granted Hersant bail following his conviction, he was sentenced to prison on Friday. Hersant had faced a possible 12-month prison term and a fine of 24,000 Australian dollars ($16,025).
Hersant’s lawyer, Tim Smartt, announced plans to appeal the sentence and will seek bail in a higher court pending the appeal. He argued that a prison sentence for a non-violent act was unjust.
“It’s not justified sending a 25-year-old to prison. That is wrong,” Smartt told the court.
However, Magistrate Sonnet defended the decision, stating that the sentence was appropriate.
He said, “If there was physical violence, then I would have imposed a sentence close to the maximum penalty.
“The accused sought to promote Nazi ideology in the public arena and the court is satisfied he took advantage of the media to disseminate extreme political views.”
Hersant, a member of the National Socialist Network – a group advocating for white supremacy and the deportation of immigrants – was also criticised for his words during the salute, in which he praised Nazi leader Adolf Hitler and declared, “Australia for the white man.” Magistrate Sonnet condemned the statement as “clearly racist” and a promotion of white supremacy.
Hersant’s defence team had argued that his actions fell under the constitutional right to freedom of political communication. On his way to court on Friday, Hersant reiterated his stance, claiming the law was unconstitutional and discriminatory.
