By Tara Cosoleto in Melbourne

A neo-Nazi is facing time behind bars after becoming the first Victorian convicted of performing the Nazi salute in public. 

Jacob Hersant, 25, remained expressionless on Wednesday morning as Magistrate Brett Sonnet indicated he would give him a “relatively modest” jail term.

He was supported in court by his mother and fellow neo-Nazi Thomas Sewell who carried a copy of Friedrich Nietzsche’s On the Genealogy of Morals, a book popular with the far-right.

Hersant was on Tuesday found guilty of intentionally performing the salute on October 27, 2023, about six days after Victorian laws banning the gesture came into effect.

Video played in court showed Hersant raising his arm to salute in front of journalists and camera crews outside the County Court.

He was then captured saying “nearly did it – it’s illegal now” and “Australia for the white man, heil Hitler”, before walking away.

Hersant’s barrister Tim Smartt told the court his client was a far better person than the behaviour demonstrated in the video.

Hersant was a family man and full-time carer of his two-year-old son while he was unemployed, Mr Smartt said.

The 25-year-old also won a poetry competition in the US, which Mr Smartt said was not connected to Nazi ideology.

The barrister submitted Hersant was a young person who was on track towards rehabilitation, and the offending was at the lower end of seriousness so a $1500 fine was within range.

But prosecutor Daniel Gurvich KC pushed for jail time, saying Hersant’s salute and comments outside court had vilified minority groups.

“It has no place in Victoria,” the prosecutor said.

Mr Gurvich said Hersant was “calculated” and wanted to “achieve maximum impact” when performed the Nazi gesture in front of waiting media in October 2023.

The prosecutor also noted comments Hersant made to journalists on Tuesday, when he stated “loudly and clearly” he would continue to perform the salute away from the police.

Hersant’s prospects of rehabilitation were poor to non-existent so a jail term was within range, Mr Gurvich said.

Mr Sonnet agreed, finding prison was the only appropriate sentence.

The magistrate noted there had been no guilty plea, or signs of remorse, and Hersant had relevant prior convictions.

But Mr Sonnet made clear he was punishing Hersant for breaking the law rather than his extremist views.

“He’s entitled to hold those views despite how unpalatable and offensive they are to others,” the magistrate said.

Mr Sonnet wanted to remand Hersant in custody immediately while he considered the length of the jail term, but Mr Smartt argued he should be released on appeal bail.

The case was adjourned to 2pm on Wednesday to give Mr Smartt time to consider his submissions.

Hersant, flanked by Sewell, declined to comment to reporters as he left court.