The first Victorian found guilty of performing the Nazi salute in public is facing time behind bars, a court has heard.
Neo-Nazi Jacob Hersant, 25, remained expressionless as magistrate Brett Sonnet gave him the sentence indication on Wednesday morning.
In the Melbourne magistrates court on Tuesday, he was found guilty of intentionally performing the salute on 27 October 2023, about six days after Victorian laws banning the gesture came into effect. He had pleaded not guilty to the offence.
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 lawyer, Tim Smartt, told the court on Wednesday his client should be fined $1,500, as the offending was less serious and he should not be punished for his political views.
But the prosecutor, Daniel Gurvich KC, pushed for jail time, saying Hersant’s salute and comments outside court had vilified minority groups.
Gurvich also noted comments Hersant made to journalists outside court on Tuesday, when he said he would continue to perform the salute away from the police.
Sonnet agreed, saying a jail term was the only appropriate sentence.
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The magistrate said he wanted to remand Hersant in custody immediately while he considered the length of the prison term.
But Smartt argued he should be released on appeal bail.
The case was adjourned to 2pm on Wednesday.