A 25-year-old self-proclaimed neo-Nazi from Melbourne has become the first person in Australia, to be sentenced to prison for performing the banned Nazi salute. Jacob Hersant was ordered to serve one month in jail by a magistrate on Friday, after he was convicted of making the gesture outside a court building in October 2023. However, he was granted bail just an hour later following a successful appeal against his conviction and sentence.
Hersant’s legal troubles stemmed from an incident on October 27, 2023, when he performed the Nazi salute in front of journalists and cameras outside the Victoria County Court. This occurred only days after the state of Victoria passed a law prohibiting the public display of Nazi symbols and gestures, including the Nazi salute, which has been widely recognized as a symbol of hate and white supremacy.
Although the offence now carries a maximum sentence of 12 months in prison and a fine of up to AUD 24,000 (approximately USD 16,000), Magistrate Brett Sonnet ruled that the prison term was warranted due to Hersant’s actions being “politically motivated” and an attempt to promote Nazi ideology. “The accused sought to use the media to spread extremist views,” Sonnet said, noting that Hersant had openly praised Adolf Hitler and called for “Australia for the white man” during the incident. These statements were deemed racist and divisive by the court.
Hersant’s defence lawyer, Tim Smartt, argued that his client’s actions should not result in imprisonment, calling it a “nonviolent” act and asserting that it was a matter of free political expression. “It’s wrong to send a 25-year-old to prison for expressing his views,” Smartt told the court. However, Magistrate Sonnet disagreed, stating that while there was no physical violence, the Nazi salute was still a significant act of hate speech.
The case has sparked strong reactions from both supporters and critics of the ruling. Dvir Abramovich, chair of the Anti-Defamation Commission, welcomed the sentence, calling it “a resounding message” against Nazi symbolism and hate speech in Australia. Premier Jacinta Allan also expressed her support for the decision, reaffirming the government’s commitment to eradicating such extremist displays from public life.
Hersant’s legal troubles stemmed from an incident on October 27, 2023, when he performed the Nazi salute in front of journalists and cameras outside the Victoria County Court. This occurred only days after the state of Victoria passed a law prohibiting the public display of Nazi symbols and gestures, including the Nazi salute, which has been widely recognized as a symbol of hate and white supremacy.
Although the offence now carries a maximum sentence of 12 months in prison and a fine of up to AUD 24,000 (approximately USD 16,000), Magistrate Brett Sonnet ruled that the prison term was warranted due to Hersant’s actions being “politically motivated” and an attempt to promote Nazi ideology. “The accused sought to use the media to spread extremist views,” Sonnet said, noting that Hersant had openly praised Adolf Hitler and called for “Australia for the white man” during the incident. These statements were deemed racist and divisive by the court.
Hersant’s defence lawyer, Tim Smartt, argued that his client’s actions should not result in imprisonment, calling it a “nonviolent” act and asserting that it was a matter of free political expression. “It’s wrong to send a 25-year-old to prison for expressing his views,” Smartt told the court. However, Magistrate Sonnet disagreed, stating that while there was no physical violence, the Nazi salute was still a significant act of hate speech.
The case has sparked strong reactions from both supporters and critics of the ruling. Dvir Abramovich, chair of the Anti-Defamation Commission, welcomed the sentence, calling it “a resounding message” against Nazi symbolism and hate speech in Australia. Premier Jacinta Allan also expressed her support for the decision, reaffirming the government’s commitment to eradicating such extremist displays from public life.
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