Far-right extremist Jacob Hersant is facing time behind bars after a judge ruled he intentionally performed a Nazi salute in public.
The 26-year-old became the first Australian jailed over the offence in November 2024 but he immediately appealed his one-month prison sentence to 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.
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.
Hersant 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.
But Judge Moglia rejected those arguments, finding the salute was intentional and Hersant's comments afterwards were a brazen acknowledgement of his offending.
The judge also found the law banning the salute was legitimate and necessary to protect all Victorians from harm.
Judge Moglia wanted to proceed with a pre-sentence hearing on Friday but Hersant's lawyer Tim Smartt asked for more time, flagging he would need to obtain references for his client.
He briefly outlined what he planned to submit, including that the court should not take a "one-dimensional" view of Hersant, noting he was also the father of a one-year-old child.
It was also inconsistent that Hersant's offending warranted a jail term when domestic violence perpetrators often avoid any prison time, Mr Smartt said.
Judge Moglia noted Hersant had performed the salute outside court after being sentenced to a community corrections order for attacking a group of hikers in a national park.
"I will not punish your client in relation to that," the judge told Mr Smartt.
"But it would seem to be arguable it was contemptuous in the legal sense that he might stand outside the very court that had shown him such leniency and act the way he did."
Judge Moglia adjourned the case to February 4, where it's expected Hersant will be re-sentenced.
The 26-year-old told reporters outside court that he could not comment on the case, although he confirmed he is a Nazi.
The maximum penalty for performing a Nazi salute in public is 12 months' jail or a fine of more than $23,000.
