During the three-day appeal hearing this week, Hersant claimed he did not perform the Nazi salute, but, even if he had, the charge was constitutionally invalid. Judge Moglia rejected those arguments, finding that Hersant had intentionally performed the salute on October 27, 2023.
Footage played in court showed Hersant standing beside prominent neo-Nazi Thomas Sewell outside the courthouse, raising his arm in front of the media just six days after a ban passed by the state government in Victoria, which is home to the major city of Melbourne, came into effect. He was then captured on camera saying, “nearly did it – it’s illegal now” and “Australia for the white man, heil Hitler”.
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[Missing Credit]Jacob Hersant (Credit: YouTube)
In re-sentencing, Moglia noted the salute was performed only minutes after Hersant had been sentenced to a community corrections order for violence in Victoria.
The judge said the gesture demonstrated contempt for the court and a disregard for authority and constituted a breach of the court's order.
Hersant’s lawyer acknowledged the breach but argued against a custodial sentence, submitting that Hersant’s conduct was less serious because the salute was not directed at a specific group of people or at a place like a synagogue.
The prosecution argued Hersant performed the salute in a calculated fashion to achieve maximum impact and that his actions were harmful to the Jewish community and other minority groups.
Finding in favour of the prosecution, Moglia said Hersant “relished the opportunity at the time and his intention was to engage in the gesture in full knowledge it was being done… in the presence of the wider community”.
Hersant was also convicted and fined $1,000 for breaching his corrections order, and he was taken into custody after his re-sentencing hearing.
