By Erin Pearson
A white supremacist is set to be jailed as the first Victorian found guilty of performing a Nazi salute in public, with his prospects for rehabilitation described as low by the prosecution.
Magistrate Brett Sonnet said he believed Jacob Hersant’s actions outside the County Court of Victoria in October last year warranted time behind bars after he was captured on news cameras partially raising his arm and chanting “heil Hitler”.
Jacob Hersant leaves court on Wednesday after learning he would be jailed.Credit: Eddie Jim
Sonnet said he intended to jail the 25-year-old but needed another fortnight to determine the length of time. The maximum penalty for the crime is 12 months’ imprisonment and/or a fine of $24,000.
Hersant sat slumped back in his chair in the front row of Melbourne Magistrates’ Court on Wednesday seated behind his lawyer as Sonnet revealed the young father’s fate.
In court to support Hersant were other self-confessed neo-Nazis including Nathan Bull and Thomas Sewell, who could be seen taking notes during the hearing.
Defence lawyer Timothy Smartt, who was funded by legal aid, acknowledged the video of his client performing the gesture was “uncomfortable viewing” but said people were far better than their worst deeds.
Smartt said his client, who had the support of his parents and in-laws, recently won a poetry competition in the US and had been described as a wonderful father to his young son.
“A modern version of Dr Jekyll and Mr Hyde?” Sonnet questioned.
Smartt also said Hersant wasn’t the first – and wouldn’t be the last – young person to come before the court with radical views, comparing his client to environmental protesters who stick themselves to roads.
“Mr Hersant is really no different to those types of people,” Smartt said.
Sonnet said he did not seek to punish Hersant for his political views, rather his breach of the law, finding the legislation did infringe on people’s implied political communication, however necessary the ban may be.
Prosecutor Daniel Gurvich, KC, said that adding to the seriousness of the offending was that Hersant performed the act after walking from the County Court where he’d just been sentenced for a charge of violent disorder.
For that offending, he was sentenced to three days in jail and a community corrections order with 200 hours of unpaid work.
Gurvich said the salute was calculated and designed to achieve maximum impact.
Hersant, middle, and supporter Thomas Sewell, left, leave court.Credit: Eddie Jim
Hersant’s prospects of rehabilitation, Gurvich said, were poor to nonexistent, labelling the public expression of Nazi symbols as an “assault against human dignity” and the associated hatred as having no place in Victoria.
“It is serious offending. It’s a matter of public record, that on leaving this court yesterday he stated he would continue to perform the Nazi salute … but hopes that no Victoria Police were around to see it,” Gurvich said.
“Jail is in range and is warranted.”
On Tuesday, the magistrate rejected Hersant’s argument that the case was constitutionally invalid and found him guilty of the offence, which occurred just days after legislation banning the act took effect.
“Australia for the white man, heil Hitler, heil Hitler,” Hersant was captured saying on camera after the act.
Outside court on Tuesday, an unrepentant Hersant vowed to continue performing the Nazi salute, and told the media he was prepared to go to jail to further his political views in a test case for the new legislation.
Other men have since been charged with the same offence, including neo-Nazi Nathan Bull, who is accused of performing the Nazi salute at Carlton’s Cinema Nova on March 9.
In June, a NSW magistrate convicted three Croatian soccer fans who performed the Nazi salute during the 2022 Australia Cup final.
Nathan Bull, who is also facing a charge of performing a Nazi salute, was in court to support Hersant on Wednesday.Credit: Eddie Jim
Hersant is yet to be sentenced and will return to court later this month.
Smartt asked that his client be allowed to remain in the community until sentencing.
Sonnet is expected to announce his sentence next month.
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