A self-described Nazi in Australia is set to face prison time for performing a banned Nazi salute, marking a historic legal moment in the country. The individual, Jacob Hersant, will be sentenced by a magistrate later this month, becoming the first person in Australia to receive a prison term for this gesture.
Magistrate Brett Sonnet informed Hersant that he will receive a “relatively modest term of imprisonment” during a court appearance scheduled for October 23. The exact length of the sentence has not been determined yet, but the maximum penalty could include up to 12 months in prison and a fine of 24,000 Australian dollars ($16,177).
Hersant, 25, made the outlawed Nazi salute and expressed admiration for Hitler in front of media cameras outside the Victoria County Court on October 27, 2023. This act occurred just days after the Nazi salute was made illegal in Victoria, following nationwide legislation prohibiting the gesture and display of Nazi symbols.
After a hearing in the Melbourne Magistrates Court, Hersant was found guilty by Sonnet, making him the first individual convicted under the Victorian law. While Hersant’s lawyer argued for a fine, the prosecutor pushed for a prison sentence, deeming the behaviour as serious.
Sonnet clarified that the punishment was not for Hersant’s political views but specifically for the illegal gesture he made. The magistrate stressed that individuals are entitled to their political opinions, regardless of how offensive they may be to others.
Hersant’s lawyer is expected to present arguments against his client’s custody until the sentencing in two weeks. The case highlights the legal consequences individuals may face for engaging in hate symbols and gestures, setting a significant precedent in Australia’s legal system.