Thomas Sewell and Jacob Hersant: Director of Public Prosecutions challenges ‘inadequate’ neo-Nazi sentence for hiker attack

Two prominent neo-Nazis have returned to court as prosecutors challenge their sentence for a “terrifying” group attack on hikers.

Victoria’s Director of Public Prosecutions has called for a harsher penalty to be imposed on two prominent neo-Nazis following a “terrifying” group attack.

Thomas Sewell, 31, and Jacob Hersant, 25, walked free from the County Court late last year after they were convicted of violent behaviour towards hikers at the Cathedral Ranges State Park on May 8, 2021.

The two men pleaded guilty to a violent disorder charge after accepting a sentence indication from Judge Kellie Blair of no additional jail time.

Hersant was sentenced to 200 hours of community service, while Sewell, who had spent more than six months on remand, was sentenced to 37 days recognised as time served.

Prosecutors are arguing the sentence imposed on Thomas Sewell (pictured) and Jacob Hersant was ‘inadequate”. Picture: NCA NewsWire/ Liam Beatty

Hersant attacked a group of hikers. Picture: NCA NewsWire/ Liam Beatty

But the case was called in Victoria’s Court of Appeal on Friday, as prosecutors appealed the sentence, arguing it was “manifestly inadequate” for the serious offending.

“What we submit is that in both cases Her Honour should have imposed a lengthier period of imprisonment and a CCO (community corrections order),” chief crown prosecutor Brendan Kissane KC said, pointing out the offence carried a 10 -year maximum penalty.

“Our submission is this was a serious example of the offence of violent disorder. This must have been terrifying offending for the victims who were a completely innocent group.”

The court was told Sewell was the leader of the European Australian Movement at the time, while Hersant led the National Socialist Network.

Following his sentencing in October last year, Sewell claimed the group had “behaved honourably” and was defending itself from anti-fascists. Picture: NCA NewsWire/ Liam Beatty

The pair were gathering with about 25 males from the two groups when a hiker on a day trip filmed the group after noticing many were wearing Celtic cross T-shirts – a symbol associated with neo-Nazi groups.

One member saw the man filming from inside his car and yelled “ANTIFA”, as most covered their faces with balaclavas.

The group, including Sewell and Hersant, began kicking and punching a vehicle as the six hikers attempted to leave – smashing windows and taking their mobile phones.

Mr Kissane argued that Judge Blair had made a mistake in her assessment of the offending as to the “lower end” and had placed too much weight on their guilty pleas and risk of reoffending.

“There is scope here for the court to increase the sentence without putting them back into custody if the court is minded to take that route,” he said.
He argued it was not open to the judge to find both men had good prospects of rehabilitation, noting they had “entrenched views”.

Weeks after he was sentenced, Hersant was charged with a new offence after allegedly performing a banned Nazi salute outside the County Court. Picture: NCA NewsWire / Nicki Connolly

Representing Sewell, barrister Dermot Dann KC, said the appeal was “highly questionable” and should never have been brought.

He said Judge Blair had taken all points Mr Kissane raised in her consideration of sentence, and the previous prosecutor had failed to challenge any of these same points in the County Court.

Mr Dann told the court that his client had endured 210 days in custody in the “hardest conditions imaginable”, and Judge Blair had taken this into account.

“This court has always been hesitant to return an offender to custody after he has gained his liberty,” he said.

Hersant’s barrister, Christopher Carr SC, argued the sentence imposed on his client “met the seriousness” of the offending given he was only 22 and had no prior convictions for violence.

“He has dedicated himself to completing the hours he was required to do,” he said.

“For a relatively young first-time offender that is a relatively serious imposition.”

He argued that if the court ruled to resentence Hersant, extending his community corrections order would meet sentencing needs given the “onerous” impact on him.

“He finds intrusion by corrections into his interpersonal activities, into his political beliefs, to be especially aversive,” Mr Carr said.

Justices Karen Emerton, Maree Kennedy and Christopher Boyce are considering the appeal and will hand down a judgment at a later date.

Outside court, Sewell claimed the appeal was a “political witch hunt” and described his time behind bars as “meditative”.

Originally published as Thomas Sewell and Jacob Hersant: Director of Public Prosecutions challenges ‘inadequate’ neo-Nazi sentence for hiker attack