Melbourne neo-Nazi Jacob Hersant is set to be jailed after being found guilty of performing a Nazi salute in front of news cameras, in violation of Victoria’s Nazi salute ban.
The 25-year-old made the gesture outside the Victorian County Court in October last year, shortly after being sentenced for an unrelated offence.
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“Oh, nearly did it, it’s illegal now, isn’t it?” he said before calling out “Australia for the white man, heil Hitler” as he walked away.
Prosecutors argued that Hersant’s actions were timed to have “maximum impact.”
This case marks the first conviction under Victoria’s new Nazi salute ban, which came into effect just days before the incident.
Despite Hersant’s lawyer Tim Smart arguing that the act was a form of political communication and that Hersant is a decent person outside of his political views, Magistrate Brett Sonnet ruled that the gesture clearly resembled a Nazi salute.
Under the law, a person can commit a criminal offence if they intentionally display or perform a symbol or gesture used by the Nazi Party in a public place or in public view, and know, or ought to have reasonably known, that the symbol or gesture is a Nazi symbol or gesture.
Individuals who breach the law face fines of $23,000, 12 months in prison, or both.
Magistrate Sonnet said Hersant’s political beliefs would not affect his punishment, stating, “What he is being punished for is the breach of the law.” He added that while Hersant would serve a prison sentence, it would not be severe.
Hersant faces up to 12 months in prison or a $23,000 fine. He has indicated he may appeal the verdict, arguing that the salute is a form of political expression.
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