Jacob Hersant to be jailed in Nazi gesture test case

Melbourne neo-Nazi Jacob Hersant will be jailed over a Nazi gesture performed in front of news cameras.

Hersant, 25, returned before the Melbourne Magistrates’ Court on Wednesday, a day after he was found guilty of performing the banned gesture.

The court was told the self-described Nazi 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”.

Through his lawyer, Tim Smart, the young father claimed he had not performed the salute and, if he had, the law was invalid because it was legitimate political communication.

Magistrate Brett Sonnet 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.

In court, 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 Smart 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 Smart 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 should be imposed.

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 14 days to consider the appropriate term.

“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.”

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”.