First person charged over Nazi salute facing jail time
Prosecutors are pushing for Jacob Hersant to be jailed for up to a year for performing a Nazi salute outside a Victorian court.
acob Hersant leaves the Melbourne Magistrates Court in Melbourne, Tuesday, January 16, 2024. Prosecutors are pushing for Jacob Hersant, the first person charged for allegedly performing a Nazi salute in public, to be jailed for the offence. Photo Emily Woods/AAP
In October Hersant, 24, became the first person charged under state laws that banned Victorians from performing or displaying Nazi symbols and gestures in public.
The federal government has since implemented similar legislation, banning the display of Nazi symbols such as the swastika and the Sieg Heil salute on a national level.
Hersant is charged with intentionally performing the Nazi salute outside the Melbourne County Court about six days after the state laws came into effect.
He was leaving the court after being sentenced to time served for assaulting a group of bushwalkers.
He represented himself at Melbourne Magistrates Court on Tuesday, where he asked for the hearing to be adjourned to give him time to again apply for legal aid funding to get a lawyer.
“They’ve refused me, but I’m trying to get a review of that,” he told the court.
Magistrate Peter Reardon asked prosecutors what the penalty would be, if Hersant was to plead guilty or be found guilty of the new offence.
The prosecutor said they were pushing for Hersant to be jailed, flagging the maximum penalty was one year in prison.
“Ultimately, the custodial sentence is within range, it is available, and ultimately, that is the submission of the prosecution,” she said.
Mr Reardon agreed to adjourn the matter for two weeks and advised Hersant to obtain legal representation.
Outside court, Hersant told reporters he was knocked back from legal aid funding because “they didn’t think there was a chance” he would be jailed for the offence.
“But the prosecutor made it clear there was a chance of imprisonment, so I presume I will get legal aid now,” he said.
Hersant will next face court on February 2.
AAP
If this man doesn’t get a gaol sentence it will be a terrible precedent. Action has to happen now, not just words of supposed support and intent for the Jewish community.