Jacob Hersant to be jailed after being found guilty of performing Nazi salute

Melbourne white supremacist Jacob Hersant has been granted a last-minute reprieve after becoming the first Victorian found guilty of performing a Nazi salute under new laws.

A white supremacist who became the first Victorian found guilty of performing a Nazi salute will be jailed.

But Jacob Hersant, 25, was granted a last-minute reprieve meaning he won’t spend any time behind bars for at least a month.

Magistrate Brett Sonnet on Wednesday said no sentence other than a term of imprisonment could be imposed after Hersant performed the gesture on the steps of the County Court last October.

But Mr Sonnet did not immediately sentence Hersant, instead ordering he be remanded pending sentence because his ruling would set a precedent for other cases and he wanted more time to determine the length of time.

Jacob Hersant (centre) leaving Melbourne Magistrates court with his supporters. Picture: David Geraghty

Hersant’s lawyer Tim Smartt immediately tried to obtain bail for his client, telling Melbourne Magistrates’ Court the neo-Nazi was entitled to it because he had not yet been sentenced.

Mr Smartt, who practices in NSW, said denying bail for a person who had been found guilty of a summary offence but had not yet been sentenced was “unheard of” in his jurisdiction.

After further legal submissions on Wednesday afternoon, Mr Sonnet agreed to adjourn the matter until November 8 with Hersant remaining free until then.

Hersant declined to comment as he left court.

But two other white supremacists, including Thomas Sewell, got into heated exchanges with reporters.

Earlier, Mr Sonnet challenged Mr Smartt to explain his client’s extremist views, including what he meant when he proclaimed “Australia for the white man” and “heil Hitler”.

“The words speak for themselves,” Mr Smartt said.

“I’m not going to stand here and speculate what my client’s views are.”

Jacob Hersant is the first person in Victoria convicted of performing a banned Nazi salute. Picture: David Geraghty

Mr Smartt tried to downplay Hersant’s beliefs, claiming his world view was “mainly a young person phenomenon” and he was on “on track to rehabilitate himself”.

“It is seriously concerning (offending),” he said.

“But it is also true that people are far better than their very worst deeds.”

Hersant, he said, had strong job prospects, despite being unemployed, and character references submitted on his behalf described him as a decent man who was supportive and caring of his infant son and partner of five years.

“He might find some employers not too keen on taking someone who proscribes to those sorts of views,” Mr Sonnet said

Magistrate Brett Sonnet did not immediately sentence Hersant, instead remanding him pending sentence. Picture: David Geraghty

Another family member said Hersant held “strong political views” which they did not agree with but he was a good father.

Mr Smartt also revealed Hersant recently won a poetry competition in the USA with an entry that was unrelated to Nazi ideology.

He argued his client should be given a $1500 fine.

Mr Sonnet said Hersant sounded like a “modern day version of Dr Jekyll and Mr Hyde” and was entitled to his political views “no matter how unpalatable” they were to others.

“What he is being punished for is the breach of the law he was aware of,” he said.

In his submissions, prosecutor Daniel Kurvich KC pointed out after Hersant was found guilty on Tuesday, he told reporters outside court he would still perform the Nazi salute, just not in front of police.

Wearing a blue suit, Hersant was seated in the front row of court beside his mother and Sewell, the self-proclaimed leader of the National Socialist Network.

Other white supremacists were present in court in support of Hersant.

Hersant performed the Nazi salute outside the County Court in October last year after he and Sewell were spared further jail time over a clash with bushwalkers in Cathedral Range State Park.

The incident was recorded on camera and played in court, showing Hersant saying “heil Hitler” before raising his arm at about a 90-degree angle from his shoulder before dropping it.

“Oh, nearly did it, it’s illegal now isn’t it,” he said.

As he walked away, Hersant said: “Australia for the white man, heil Hitler.”

He became the first Victorian charged under legislation that had come into effect just days earlier.

Hersant defended the charge, claiming the laws were unconstitutional because the gesture was a legitimate form of political expression.

After he was found guilty on Tuesday, Hersant told media outside court he did not regret his actions and would consider his appeal options.

“I don’t feel shame for giving a political salute,” he said.

“Those are my beliefs.

“I am a Nazi.”

Hersant will return to court next month.

Originally published as Jacob Hersant to be jailed after being found guilty of performing Nazi salute