Neo-Nazi Jacob Hersant could face jail for banned salute on court steps

A prominent neo-Nazi has been told he could be jailed for performing the illegal Nazi salute on the steps of a Melbourne court last year.

Neo Nazi Jacob Hersant, appears at the Melbourne Magistrates Court, after being charged with performing a banned Nazi salute outside the County Court on October 27. PICTURE : NCA Newswire / Nicki Connolly

A white supremacist who was the first Victorian charged with performing a Nazi salute in public could be jailed.

Jacob Hersant, 24, represented himself at Melbourne Magistrates’ Court on Tuesday where his case was adjourned for a second time so he could reapply for legal aid after an early application was rejected.

When asked what sentence they would seek if Hersant was convicted, a prosecutor said a maximum one-year jail term was within range.

“A custodial sentence is within range, is available and ultimately that is the submission of the prosecution,” she said.

The prosecutor noted Hersant’s criminal history and said he performed the gesture on the steps of the County Court after he was sentenced for other offending.

Outside court Hersant said he was not worried by the prospect of jail time and did not regret his actions.

“I just think that it’s absurd that we’re supposed to live in a democracy yet the government is trying to jail me for moving my arm in a particular way and in a particular gesture,” he said.

Hersant said his application to Victoria Legal Aid was rejected because the organisation did not think he would be jailed.

“The prosecutor made it clear that there is a chance of imprisonment so I presume I will get legal aid now,” he said.

Neo Nazi Jacob Hersant, appears at the Melbourne Magistrates Court, after being charged with performing a banned Nazi salute outside the County Court on October 27. PICTURE : NCA Newswire / Nicki Connolly

Hersant, who claims he still performs the gesture daily, raised his hand in a salute and said “heil Hitler” in front of media at the County Court in October.

“Oh no, nearly did it haha — that’s illegal now isn’t it,” he said.

Hersant performed the act after he and Thomas Sewell, the self-proclaimed leader of the National Socialist Network, were spared further jail time over a clash with bushwalkers at Cathedral Range State Park in 2021.

The pair pleaded guilty to violent disorder and Hersant was jailed for three days already served and ordered to perform 200 hours of community work.

Hersant became the first person charged with performing the Nazi salute in public after the state government introduced new laws following a far-right demonstration outside parliament last year where members of the National Socialist Network performed the gesture.

The federal government this month introduced a national ban on performing the Nazi salute in public and outlawed the display or sale of Nazi hate symbols.

Hersant will return to court on February 2.