A self-described Nazi will become the first person in Australia sentenced to prison for performing an outlawed Nazi salute when a magistrate sets his term later his month.
Magistrate Brett Sonnet told Jacob Hersant on Wednesday he will be sentenced to a “relatively modest term of imprisonment” at a court appearance on October 23.
“It will not be a severe term of imprisonment, but I have not determined the length,” Mr Sonnet said.
The maximum potential sentence is 12 months in prison plus a 24,000 Australian dollar (£12,350) fine.
Hersant, 25, gave the salute and praised Adolf Hitler in front of news media cameras outside the Victoria County Court on October 27, 2023, after avoiding a prison sentence on a conviction for causing violent disorder.
He gave the gesture six days after the Victoria state government made the Nazi salute illegal. The Federal Parliament passed legislation in December that outlawed nationwide performing the Nazi salute in public or to publicly display, or trade in, Nazi hate symbols.
Hersant became the first person convicted under Victorian law when found guilty on Tuesday following a hearing in the Melbourne Magistrates’ Court.
His lawyer Tim Smartt had suggested a 1,500 Australian dollar (£770) fine, saying the behaviour was not at the serious end of the crime.
But prosecutor Daniel Gurvich disagreed, describing the offending as serious and called for a prison sentence.
Mr Gurvich noted that Hersant told media after he was convicted that “I’ll still continue to give the salute, but hopefully police officers don’t see it.”
“I want to emphasise that I’m not punishing your client for holding his political views,” Mr Sonnet said.
“He’s entitled to hold those political views however unpalatable, however offensive they may be to others.”
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel