Notorious far-right extremist Jacob Hersant learns his fate in court after performing a Nazi salute in public

A far-right extremist will be granted bail on appeal after being held in custody for less than an hour for publicly performing the Nazi salute.

Jacob Hersant, 25, was handed a one-month prison sentence on Friday after becoming the first person in Victoria to be prosecuted for the offence.

He arrived at the Melbourne Magistrates Court preparing for a stint behind bars after a magistrate previously indicated jail was the only appropriate punishment.

“I’m ready to go to jail,” he told reporters as he walked into the courtroom.

However, less than an hour after his conviction, he was granted bail on appeal.

Hersant is the first Victorian to be found guilty of deliberately publicizing the Nazi salute since laws were introduced in October 2023.

On October 27, 2023, Hersant raised his arm to salute in front of reporters and camera crews outside the County Court, six days after state laws banning the gesture went into effect.

Hersant, who pleaded not guilty, was captured on video saying: “It almost worked – it’s illegal now” and “Australia for the white man, hello Hitler”, before walking away.

Hersant raising his arm in a Nazi salute to journalists and camera crews outside Victoria’s County Court in October 2023 (photo)

Magistrate Brett Sonnet found Hersant guilty of October, saying he carried out the gesture deliberately.

On Friday, he gave Hersant a one-month prison sentence, despite last-minute arguments from his lawyer Tim Smartt that he was exercising his “freedom of speech.”

“Freedom of expression is not an absolute concept recognized in Australia,” Sonnet said.

“His nonviolent act does not justify sending a 25-year-old to prison,” Mr. Smartt continued.

“That is an incorrect entry,” the magistrate replied.

Mr Sonnet said Hersant’s Nazi salute was “racist and seeks to promote white supremacy” and felt it was a serious example of the crime.

“The court must denounce this behavior in absolute terms,” Sonnet said.

‘The suspect attempted to promote Nazi ideology in the public arena, in my opinion this increases the seriousness of the crime. The white man is not superior to any race.”

Hersant is pictured leaving the Magistrates Court on Friday after less than an hour in custody

The Nazi salute is illegal in Victoria and Hersant (pictured to arrive in court on Friday) is the first person charged with publicly performing the action

Immediately after the prison sentence was handed down, Mr Smartt flagged that Hersant would appeal both his sentence and conviction in the County Court and apply for bail for his client.

Mr Sonnet adjourned court and Hersant was remanded in custody before being returned and granted bail on appeal.

He will leave court on Friday on bail conditions, including not leaving Australia or contacting prosecution witnesses.

Mr Sonnet warned Hersant that if he committed an offense while on bail it would be ‘very damaging’, especially in his appeal against conviction.