First Person Jailed For Performing Nazi Salute in Victoria

A protester performs a Nazi salute at the Shrine of Remembrance during an anti-lockdown rally in Melbourne on Sept. 5, 2020. William West/AFP via Getty Images

In a landmark case, Jacob Hersant, 25, became the first person in Victoria to be convicted under new laws banning Nazi salutes, although he was released on appeal bail after serving less than an hour in custody.

On Nov. 1, Hersant was sentenced to one month in jail after being found guilty of performing the Nazi salute publicly—a gesture now outlawed in Victoria.

However, after announcing plans to appeal both the conviction and sentence, he was granted conditional bail.

The Case and Conviction

Jacob Hersant’s case drew public attention on Oct. 27, 2023, when he raised his arm in a Nazi salute outside the County Court, days after Victoria’s new laws took effect.

He reportedly made statements endorsing white supremacy and referencing Adolf Hitler.

Magistrate Brett Sonnet condemned his actions as “racist” and “a serious example of the offence,” adding that the court must denounce such behaviour.

During sentencing, Hersant’s lawyer argued his actions were protected by freedom of speech, an argument the magistrate dismissed.

“Freedom of speech is not an absolute concept recognised in Australia,” Sonnet said.

Appeal Bail Granted

Immediately following the sentencing, Hersant’s lawyer flagged plans to appeal both the conviction and sentence.

After a brief adjournment, Hersant was granted bail with strict conditions, including restrictions on travel and contact with prosecution witnesses.

The magistrate warned Hersant that any breach of his conditions could impact his appeal.

This case marks a milestone as the first enforcement of Victoria’s Nazi salute laws, enacted as part of a broader effort to address hate speech and racial vilification.

Related Incidents and Policy Efforts

In parallel, police in New South Wales (NSW) have also been dealing with similar hate-related offences.

NSW authorities recently charged a 36-year-old man with performing a Nazi salute at a football game in Moore Park Stadium, Sydney.

The charge came after an investigation led by the Surry Hills Police Area Command.

Earlier this year, the Australian federal government introduced legislation banning Nazi salutes, symbols, and hate-driven gestures, with the laws officially coming into effect in January.

NSW Premier Chris Minns has also moved to enforce similar measures in his state, describing Nazi symbols as remnants of a violent history with no place in today’s society.

Crackdown on Extremist Networks

To combat the spread of extremist ideologies, Victorian police on Nov. 7 launched a coordinated operation targeting the National Socialist Network, a group suspected of involvement in several hate-related incidents.

Police conducted search warrants across multiple Melbourne suburbs, detaining individuals associated with racial vilification and offensive public conduct.

This action follows an incident in Port Melbourne, where men allegedly dressed in offensive clothing verbally harassed members of the public.

AAP contributed to this article.