A far-right extremist did perform a Nazi salute outside court, a judge has ruled following an appeal hearing.
Jacob Hersant, 26, in November 2024, became the first Australian jailed for performing a Nazi salute in public.
The self-confessed neo-Nazi was sentenced to one month behind bars but immediately launched an appeal against his conviction in the Victorian County Court.
Following a three-day hearing in October, Judge Simon Moglia on Friday ruled Hersant was guilty of intentionally performing the salute on October 27, 2023.
The 26-year-old had argued he did not perform the Sieg Heil and, even if he did, the charge was constitutionally invalid as the gesture was a legitimate form of political expression.
Video played in court showed Hersant raising his arm to salute in front of media outside the County Court, about six days after Victorian laws banning the gesture came into effect.
He was then captured on camera saying “nearly did it – it’s illegal now” and “Australia for the white man, heil Hitler”, before walking away.
Judge Moglia described the comments after the gesture as a brazen acknowledgement of his offending.
AAP