A landmark legal decision has affirmed that a far-right extremist did indeed execute a Nazi salute outside a courthouse, as determined by a judge during an appeal hearing.

Jacob Hersant, a 26-year-old self-avowed neo-Nazi, made headlines in November 2024 when he became the first person in Australia to be imprisoned for performing a Nazi salute in public. He was originally sentenced to one month in jail but quickly filed an appeal against his conviction, bringing the case to the Victorian County Court.

During a three-day hearing in October, Judge Simon Moglia concluded on a Friday that Hersant was guilty of deliberately performing the Nazi salute on October 27, 2023. This decision came after careful consideration of the evidence presented.

Hersant had contested the charges, claiming that he did not perform the sieg heil salute. Furthermore, he argued that even if he had, the charge should be considered unconstitutional, asserting that the gesture was a legitimate form of political expression.

However, video evidence played in court depicted Hersant unmistakably raising his arm in the Nazi salute in front of the media outside the County Court. This incident occurred merely six days after the enactment of Victorian laws that prohibited such gestures.

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.

Moglia described the comments after the gesture as a brazen acknowledgement of his offending.