Neo-Nazi Jacob Hersant jailed after failed Nazi salute appeal
Self-proclaimed neo-Nazi Jacob Hersant arrived at court through the front door, wearing a royal blue suit and carrying a small briefcase, but was left in the back in a prison van after the judge upheld his prison sentence.
Hersant will be sentenced to a month in prison in 2023 after performing a Nazi salute in front of the District Court, where he was sentenced moments earlier for a Nazi-led attack on marchers. The 26-year-old was the first Victorian to be charged under newly introduced legislation to crack down on such gestures at a time when antisemitism is on the rise.
On Wednesday, Judge Simon Moglia criticized Hersant for being unconscionable and thumbing his nose at the field when he carried out the act while standing in front of a press pack on October 27, 2023.
Moglia described the salute as an attack on human dignity, with the rule of law protecting the freedoms of all Australians through legislation aimed at promoting “the human community that we truly are”.
“Diversity in terms of ethnicity, gender, sexuality, religion, different abilities and nation of origin. Diversity in our representative democracy and its preservation is not just coincidence, we are an intentional community,” Moglia said.
“We are a free, civil and representative democracy that must be valued, understood and protected.
“Parliament has ensured that these precious features of our community are protected in part by banning Nazi salutes.”
Moglia said at the time of the offense Hersant was given a 14-month community corrections order for violent disorder after he and about 15 others from two separate neo-Nazi groups attacked people taking photographs from inside the car after noticing the group were wearing masks and black clothing.
During the smash-up of the victim’s car at Victoria’s Cathedral Ranges state park, Moglia said Hersant reached into the broken driver’s side window and tried to grab the car keys during an unprovoked, “horrible, frightening and violent incident” that sent a chilling message to the community.
Moglia chose not to chastise Hersant for his transgression, instead finding him guilty of violating the sanction and fining him $1,000.
He also upheld Judge Brett Sonnet’s one-month prison sentence for the October 2024 salute, which Hersant appealed to the high court.
At the time, Sonnet rejected Hersant’s offer of immunity and found him guilty of the crime, rejecting the case’s claim that it was constitutionally invalid.
After the incident, Hersant was caught saying “Australia is for the white man. Heil Hitler, heil Hitler.”
At Wednesday’s court hearing, Hersant was supported by his mother and fellow neo-Nazi Thomas Sewell.
Here, Hersant’s defense attorney, Timothy Smartt, urged the judge to avoid a prison sentence, arguing that his client, who has a young child and strong family support, has no place in prison.
Smartt acknowledged that Hersant was a 24-year-old adult man at the time of the crime, but denied that his client intended to break the law.
He said 18 other cases of similar offenses across the country had all but Hersant sentenced to fines or community-based orders, making his one-month prison sentence the harshest in Australia.
Smartt said Hersant was no longer a right-wing leader after the recent dissolution of the neo-Nazi group the National Socialist Network. However, he acknowledged that his “opinions” were the reason for his criminal behavior.
“People are much better than their worst actions. That includes Mr. Hersant,” Smartt said.
“This is far from the worst that could happen [crime].”
Smartt called for his client to be made subject to a second community corrections order, which included community work, given to him for his previous violent disorder offence.
“Sentence is not imprisonment [that will help the community] “Keep this showdown going,” Smartt said.
But Moglia agreed with ROK Crown Prosecutor Daniel Gurvich, who argued that Hersant’s actions were calculated and said the salute outside the courthouse disrespected the court’s authority.
“I accept that he enjoyed the opportunity at the time and that his intention was to take this action with full awareness that this was being done in the presence of the wider community,” the judge said.
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