A SELF-DESCRIBED Nazi became the first person in Australia to be sentenced to prison for performing an outlawed salute when he was ordered by a magistrate today to spend one month behind bars.

Jacob Hersant is also the first person in the state of Victoria to be convicted of giving the Nazi salute. The gesture has been outlawed nationwide since he committed the offence.

He was convicted at Melbourne magistrates’ court last month of performing the straight-armed salute before news cameras outside Victoria County Court on October 27 2023.

Mr Hersant had just avoided a prison sentence for causing violent disorder. The Nazi salute had been outlawed by the state parliament days earlier.

Magistrate Brett Sonnet allowed him to remain free on bail until his sentencing today, but Mr Hersant spent only an hour in custody before defence lawyer Tim Smartt succeeded in a bail application after lodging an appeal against his client’s conviction and sentence.

Mr Hersant faced a potential maximum sentence of 12 months in prison plus a 24,000 Australian dollar (about £12,280) fine.

Mr Smartt said Mr Hersant should not be jailed for a non-violent act.

However, Mr Sonnet said a prison sentence was appropriate and added that, “if there was physical violence, then I would have imposed a sentence close to the maximum penalty.

“The accused sought to promote Nazi ideology in the public arena and the court is satisfied he took advantage of the media to disseminate extreme political views,” the magistrate said.

Mr Hersant was a member of the National Socialist Network, an organisation that promotes white supremacy and the deportation of immigrants, Mr Sonnet said.

While performing the salute last year, he praised Nazi leader Adolf Hitler and declared: “Australia for the white man.”

Mr Sonnet said today that Mr Hersant’s words were “clearly racist and seek to promote white supremacy in Australia.”