A Victorian man has become the first person in the state to be convicted and sentenced to jail for performing a Nazi salute.
Jacob Hersant was sentenced to one month in prison in a decision handed down in Melbourne’s Magistrates Court on Friday morning.
It comes after the 25-year-old – who has publicly stated he “is a Nazi” – was found guilty of performing the Nazi salute last month.
Hersant was facing a maximum penalty of one year in prison and/or a $24,000 fine. His lawyers plan to appeal the verdict.
Background
The Victorian Government outlawed the Nazi salute in response to neo-Nazis gathering at an anti-trans rally in Melbourne last year.
National laws banning the Nazi salute and display of Nazi symbols in public are also now in effect.
In October 2023, one week after the ban was legislated in Victoria, Hersant was seen performing the salute after appearing in court.
The incident was caught on camera while he was answering questions from journalists.
Charge
Hersant was charged with intentionally performing the salute in public. He pleaded not guilty last month.
His lawyers argued that the gesture was a legitimate form of political expression.
The 25-year-old was found guilty, becoming the first Victorian to be convicted of the offence.
Magistrate Brett Sonnet said the verdict sought “to protect minority groups from harm”. Sonnet said he would need time to consider an appropriate sentence, which was handed down today.
Sentencing
Hersant was sentenced to one month in jail after he appeared in a Melbourne court on Friday.
Sonnet described the sentencing as “relatively lenient”.
The Magistrate also said: “The white man is not superior to any other race of people”.
Hersant was taken into custody after the hearing.
His lawyers lodged an appeal and he is now out on bail.
