In a landmark case, an Australian far-right extremist has become the first person in the state of Victoria to be sentenced to jail for performing the Nazi salute in public. The conviction and sentencing of 25-year-old Jacob Hersant sends a powerful message about the consequences of promoting hate and extremism in Australia.
First Conviction Under New Anti-Nazi Laws
Hersant’s conviction in October marked the first time someone had been found guilty of intentionally performing the Nazi salute in public since Victoria introduced laws banning the gesture last year. The new legislation, aimed at curbing the rise of far-right extremism, carries a maximum penalty of 12 months’ imprisonment and/or a fine of $24,000.
Appearing at the Melbourne Magistrates’ Court for sentencing, Hersant was handed a one-month jail term, which Magistrate Brett Sonnet described as “relatively lenient” given the seriousness of the offense. Sonnet emphasized that Hersant had taken advantage of the media presence outside the court to promote his white supremacist beliefs, making the crime more egregious.
“This court denounces Nazi ideology in absolute terms,” Magistrate Sonnet declared during the sentencing.
Hersant’s Defense and Appeal
Hersant’s lawyer, Timothy Smartt, argued that if his client were to be imprisoned, it would be the “most crushing” sentence handed down in Australia for performing the Nazi salute. He pointed to previous convictions in New South Wales where individuals received fines for similar offenses.
Smartt maintained that Hersant’s non-violent act did not warrant sending a 25-year-old to prison and indicated that he would appeal the sentence and apply for his client to be released on bail pending the appeal.
The Offense and Its Impact
The court was shown video evidence of Hersant raising his arm in the Nazi salute in front of journalists and camera crews outside the Victorian County Court in October 2022, just days after the anti-Nazi laws came into effect. He was captured saying, “Nearly did it – it’s illegal now,” followed by “Australia for the white man, heil Hitler,” before walking away.
During a pre-sentencing hearing, prosecutor Liam Gurvich argued that Hersant’s actions vilified minority groups and urged the magistrate to impose a jail sentence. He emphasized that Hersant’s behavior was calculated and designed to achieve “maximum impact” by performing the hateful gesture in front of the media.
A Young Man Capable of Change?
Hersant’s defense lawyer painted a different picture, describing his client as a family man and the full-time carer of his two-year-old son. Smartt argued that Hersant was a young person on the path to rehabilitation and that his behavior in the video did not reflect his true character.
However, the prosecution maintained that the severity of Hersant’s actions warranted a strong response from the court to send a clear message that such behavior would not be tolerated in Victoria.
The Fight Against Far-Right Extremism
Hersant’s case highlights the ongoing battle against the rise of far-right extremism in Australia and around the world. The introduction of laws specifically targeting Nazi symbolism and gestures reflects the growing concern among authorities and the public about the spread of hate and extremist ideologies.
“We must remain vigilant against those who seek to promote hatred and division in our society,” a spokesperson for the Victorian government stated following Hersant’s conviction.
As Hersant begins his jail term, questions remain about whether the sentence will be an effective deterrent to others who might consider engaging in similar behavior. Some argue that education and rehabilitation programs are crucial in combating extremism, while others maintain that strong legal consequences are necessary to send a clear message.
A Watershed Moment
Regardless of the outcome of Hersant’s appeal, his case marks a significant moment in Australia’s fight against far-right extremism. The conviction and sentencing under Victoria’s new anti-Nazi laws demonstrate that authorities are taking a hardline approach to this growing threat.
As the nation grapples with the challenges posed by extremist ideologies, it is clear that a multi-faceted approach involving legislation, education, and community engagement will be necessary to effectively combat the spread of hate and promote a more inclusive society for all Australians.
