Melbourne, Victoria – Two neo-Nazis, Thomas Sewell and Jacob Hersant, avoided further jail time after the Court of Appeal dismissed claims that their sentence for a 2021 attack on hikers in a Victorian state park was “manifestly inadequate”. Sewell had already spent 210 days behind bars awaiting charges, while Hersant spent three days in custody. The attack, which involved the pair joining a large group of armed far-right nationalists to assault hikers and force them to flee, resulted in Sewell and Hersant receiving a sentence of time already served by County Court Judge Kellie Blair. The Office of Public Prosecutions argued that the sentence was too lenient.
Chief Crown prosecutor Brendan Kissane KC described the attack as “terrifying” and a “serious example of the offence of violent disorder”. Despite this, the Court of Appeal president Justice Karin Emerton, along with Justices Maree Kennedy and Christopher Boyce, rejected the prosecutors’ appeal, stating that Sewell’s time served and the harsh conditions he endured were sufficient punishment.
However, the Court of Appeal did find that Judge Blair was too lenient towards Hersant, originally ordering him to complete community work over a 14-month period. The judges noted the disparity in the time each man spent in prison over the attack but ultimately decided against sending Hersant back to jail, citing his completion of the required community service hours.
Sewell’s legal battles have concluded, but Hersant remains before the courts in a separate case. Victoria Police have charged him with making an illegal Nazi salute shortly after leaving the County Court last year, making him the first Victorian to face such a charge. Hersant is currently contesting the charge and faces potential jail time if found guilty.
The Court of Appeal judges were critical of Sewell and Hersant’s actions, describing the attack as “gratuitous, cowardly, and entirely unprovoked pack violence” that is intolerable in a civil society. Sewell and Hersant were prominent figures in the European Australian Movement (EAM) and the National Socialist Network (NSN) at the time of the assault.