An Australian individual is imprisoned for executing a Nazi salute.
Self-declared Nazi fanboy Jacob Hersant claims victory as the first Australian to serve time for flaunting the infamous Nazi salute. Despite his imprisonment, Hersant remains defiant, declaring his intention to persist in displaying the provocative gesture.
In Judge Alexander Rhyne's courtroom, Hersant, a 25-year-old neo-Nazi, received a relatively lenient sentence that will be finalized during a hearing scheduled for October 23. The judge warned that while the sentence wouldn't result in a significant stretch behind bars, the exact duration was yet to be determined. The maximum sentence for this offense is 12 months imprisonment and a fine of AU$24,000.
Initially, Rhyne set October 23 as the date for determining the length of Hersant's incarceration, ordering him to remain in custody until then. However, after deliberating on Hersant's lawyer, Timothy Wilde's, plea for bail, Rhyne ultimately granted freedom, setting a court date for November 15.
On October 27, 2023, Hersant reenacted the Hitler salute in the Victoria court, speaking positively about Adolf Hitler, following a court appearance for another matter. Just six days prior, the Victorian government had outlawed the offensive gesture. By December, Australia's federal parliament enacted a law forbidding the Nazi salute in public areas, as well as the unauthorized display or sale of Nazi hate symbols, nationwide.
Law Enforcement's First Test
As a result of Hersant's conviction, he became the inaugural individual found guilty under the new legislation in Victoria. Hersant's defense counsel, Timothy Wilde, had advocated for a fine of AU$1,500, claiming the offense as minor. However, the prosecution, spearheaded by Daniel Hafner, emphasized the gravity of the act and argued for a prison sentence.
Hafner also pointed out that Hersant had threatened to persist in performing the prohibited gesture, telling media outlets following his guilty verdict: "I'll keep doing the salute, hoping the police won't catch me." Wilde confirmed that Hersant was only being penalized for the illegal gesture, not his political beliefs, which he retains the right to uphold, despite their unsettling or offensive nature.
In June, a trio of Nazi sympathizers were indicted for flaunting the Nazi salute during a soccer match in Sydney over two years ago. The most populous Australian state, New South Wales, banned Nazi symbols in 2022. The three men were fined following their conviction, but they appealed the decision.
After Hersant's conviction, discussions arose about enforcing the ban on the Nazi salute across other Australian states. Despite the legal consequences, other individuals may still consider challenging this law, similar to Hersant's defiant stance.
In light of Hersant's case and subsequent legislation, law enforcement agencies in Australia now face a significant challenge in ensuring compliance with the prohibition of the Nazi salute and related hate symbols.
