Man who performed Nazi salute’s next move

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Jacob Hersant is the first person convicted under Victoria’s laws banning the public display of a Nazi salute. Picture: NewsWire/ David Crosling

Melbourne neo-Nazi Jacob Hersant will appeal a jail sentence over a Nazi gesture performed in front of news cameras just days after Victoria outlawed the action.

When Hersant, 25, returned before the Melbourne Magistrates’ Court on Wednesday, magistrate Brett Sonnet said the only appropriate sentence was a “relatively modest” term of imprisonment.

But because Hersant was the first person to be convicted of the crime, Mr Sonnet said he would need time to consider the appropriate length.

He initially intended to remand Hersant in custody and sentence him in two weeks – a prospect Hersant’s lawyer Tim Smartt fiercely opposed.

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Jacob Hersant is the first person to be convicted under Victoria’s Nazi salute ban. Picture: NewsWire/ David Geraghty

“It’s unheard of in NSW and perhaps Victoria for an offence of this kind to result in imprisonment,” the Sydney-based lawyer said.

He told the court that Hersant would appeal after receiving his sentence and to be placed in custody now would “deprive” his client of appeal bail.

Mr Sonnet disagreed, ruling the court did have the power to remand Hersant but ultimately allowed the young father to go free.

He will return to court for sentencing in November.

Hersant performed the salute in front of journalists outside the Victorian County Court in October last year after he was sentenced for an unrelated offence.

“Oh, nearly did it, it’s illegal now, isn’t it?” he said, at the time before calling out “Australia for the white man, heil Hitler” as he walked away.

Prosecutors told the court the timing of the offence was “calculated to achieve maximum impact”.

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Hersant is facing up to 12 months imprisonment. Picture: NewsWire/ David Geraghty

Through Mr Smartt, the self-described Nazi claimed he had not performed the salute and, if he had, the law was invalid because it was legitimate political communication.

Mr Sonnet on Tuesday found Hersant had intentionally performed a Nazi gesture and the offence was legally valid.

“In short, the act captured plainly demonstrates the gesture so clearly resembling a Nazi salute,” he said.

Mr Smart acknowledged the timing of the offence was “seriously concerning” but said people were far better than their worst deeds.

“Mr Hersant is a far better person than those 10 minutes in the video,” he said.

Mr Smartt said his client was unemployed after finding it difficult to find a job, blaming disproportionate media coverage.

He said outside of his political views, Hersant was a decent man, supportive partner and a loving father.

Mr Smartt submitted this was “far from the worst case”, comparing the circumstances to performing the gesture while masked in a synagogue.

He said Hersant maintained his innocence and had argued a $1500 fine was appropriate.

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Hersant was supported in court by his mother. Picture: NewsWire/ David Crosling

The incident came just days after the Victorian parliament enacted the Nazi Salute Prohibition Bill, making it illegal to perform the action in public.

Police and Crime Prevention Minister Anthony Carbines at the time said the purpose of the legislation was to “send a clear message denouncing Nazi ideology and the use of its gestures and symbols to intimidate and incite hate”.

Mr Sonnet told the court that he wouldn’t punish Hersant for his political views.

“He’s entitled to hold those no matter how unpalatable or offensive they are to others,” he said.

“What he is being punished for is the breach of the law.”

Mr Sonnet said he intended to jail Hersant but would need time to consider the appropriate term, considering this was the first of its kind and other cases are waiting to consider the outcome.

“After carefully considering the matter I am satisfied the only sentence is a term of imprisonment,” he said.

“I’m not in a position to determine the length … for the benefit of Mr Hersant it will not be a severe term of imprisonment.”

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Hersant and fellow National Socialist Network leader Thomas Sewell. Picture: NewsWire / Nicki Connolly

The offence carries a maximum penalty of 12 months jail or a $23,000 fine.

After the verdict was delivered on Tuesday, Hersant flagged he might appeal, arguing it was a legitimate form of political expression.

“I don’t feel shame for giving a political salute because those are my beliefs,” he said outside court.

“I do give the Nazi salute and I am a Nazi.”

Hersant told gathered media he viewed the salute as a form of political expression and would continue to do so, but “hopefully police officers don’t see it”.

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Hersant supporters Joel Davis and Sewell didn’t like the verdict. Picture: David Geraghty / NewsWire

Outside court, two supporters of Hersant, Thomas Sewell and Joel Davis, railed against the verdict.

“Freedom of speech is an ancient Anglo-Saxon principle, this country has always been about free speech,” Mr Davis said.

“That’s why the High Court determined it is an implied right in our constitution … What is happening now is tyrannical and egregious and this law better be struck down by the courts otherwise they've been captured by a parasitical alien interest group.”