A far-right extremist will walk free from court on appeal bail after spending less than an hour in custody for performing a Nazi salute in public.
Jacob Hersant, 25, was handed a one-month jail term on Friday after becoming the first person in Victoria to be prosecuted for the offence.
He arrived at Melbourne Magistrates Court prepared for a stint behind bars after a magistrate previously indicated jail was the only appropriate sentence.
‘I’m ready to go to jail,’ he told reporters as he walked into court.
However, less than an hour after being sentenced he was granted bail on appeal.
Hersant is the first Victorian to be found guilty of intentionally performing the Nazi salute in public, since laws were introduced in October 2023.
On October 27, 2023, Hersant raised his arm to salute in front of journalists and camera crews outside the County Court, six days after the state laws banning the gesture came into effect.
Hersant, who pleaded not guilty, was captured on video saying “nearly did it – it’s illegal now” and “Australia for the white man, heil Hitler”, before walking away.
Magistrate Brett Sonnet found Hersant guilty October, as he said he’d intentionally performed the gesture.
On Friday he handed Hersant a one-month jail term despite last-minute arguments from his defence barrister Tim Smartt that he was exercising his ‘freedom of speech.’
‘Freedom of speech is not an absolute concept recognised in Australia,’ Mr Sonnet said.
‘His non-violent act does not justify sending a 25-year-old to prison,’ Mr Smartt continued.
‘That’s an incorrect submission,’ the magistrate replied.
Mr Sonnet said Hersant’s Nazi salute was ‘racist and seeks to promote white supremacy’ and found it was a serious example of the offence.
‘The court must denounce this behaviour in absolute terms,’ Mr Sonnet said.
‘The accused sought to promote Nazi ideology in the public arena, in my view this elevates the offence’s gravity. The white man is not supreme to any race of people.’
Immediately after the jail term was handed down, Mr Smartt flagged Hersant would appeal both his sentence and conviction to the County Court and sought appeal bail for his client.
Mr Sonnet adjourned the court and Hersant was taken into custody before being brought back and granted appeal bail.
He will walk from court on Friday with bail conditions including that he cannot leave Australia or contact prosecution witnesses.
Mr Sonnet warned Hersant if he committed an offence while on bail it would be ‘very damaging’ particularly in his conviction appeal.
