By Rachael Ward and Emily Woods in Melbourne

The first Australian jailed for performing a Nazi salute in public says he will continue to do the gesture and claims he’s been persecuted.

Far-right extremist and self-proclaimed “Hitler soldier” Jacob Hersant, 25, was sentenced to one month behind bars on Friday.

He spent about an hour in custody after his lawyer launched an appeal and he was granted bail as the case makes it way to the County Court.

Hersant is the first Victorian found guilty of intentionally performing the Nazi salute in public since laws were introduced in October 2023.

He told reporters he was “ready to go to jail” as he arrived at court and later described the sentence as “pretty ridiculous for a hand gesture”, vowing to continue to performing the salute.

“I am a Hitler soldier and I’ll continue to give the Roman salute if I want to,” he told reporters outside court.

He then added: “It is my intention not to commit any offences while I’m on bail.”

On October 27, 2023, just days after the state laws came into effect, Hersant raised his arm to salute in front of journalists and camera crews outside the County Court.

Hersant, who pleaded not guilty, was captured on video saying “nearly did it – it’s illegal now” and “Australia for the white man, heil Hitler”, before walking away.

Magistrate Brett Sonnet found Hersant guilty in October, finding he’d intentionally performed the gesture.

Defence barrister Tim Smartt on Friday argued his client was exercising his “freedom of speech.”

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

Mr Sonnet said Hersant’s Nazi salute was “racist and seeks to promote white supremacy”, and found it was a serious example of the offence, which carries a maximum penalty of 12 months in jail.

“This court absolutely denounces Nazi ideology in strident terms,” Mr Sonnet said.

“The accused sought to promote Nazi ideology in the public arena … In my view, this factor elevates offence gravity.

“The ‘white man’ is not supreme to any race of people. White supremacy has roots in the now-discredited doctrine of scientific racism.”

Hersant’s bail conditions include that he cannot leave Australia or contact prosecution witnesses.

Mr Sonnet warned Hersant that committing an offence while on bail would be “very damaging”, particularly in his conviction appeal.

Outside court, Anti-Defamation Commission chairman Dvir Abramovich said the jail sentence should remind would-be Nazi sympathisers that Australia shows “no mercy to those who bring symbols of terror to our streets”.

“This isn’t just a sentence – it’s a national roar that symbols of Nazism have no place on our soil,” he said.

Six other Australian men have faced court charged with a similar offence in NSW and received fines.

In June, three men were convicted of displaying a Nazi symbol without reasonable excuse after making the salute during a soccer match, a decision they have appealed.

Another three men were found guilty in October of performing Nazi salutes outside the Sydney Jewish Museum in 2023 and received fines.