Melbourne, Victoria – The Director of Public Prosecutions in Victoria is pushing for a tougher penalty against two prominent neo-Nazis, Thomas Sewell and Jacob Hersant, who were involved in a violent group attack. Last year, Sewell, 31, and Hersant, 25, were found guilty of violent behavior towards hikers at Cathedral Ranges State Park on May 8, 2021. Despite their convictions, they avoided additional jail time after accepting a sentence indication from Judge Kellie Blair.
Sewell spent over six months in remand and was sentenced to 37 days, while Hersant received 200 hours of community service for their involvement in the attack. However, prosecutors believe the sentence was insufficient for the severity of the crimes committed and have appealed the decision. They argue that the judge should have imposed a longer prison sentence and a community corrections order due to the serious nature of the offense, which carries a maximum penalty of 10 years.
During the appeal hearing, it was disclosed that Sewell led the European Australian Movement, with Hersant at the helm of the National Socialist Network at the time of the attack. The incident occurred when a group of hikers noticed individuals wearing Celtic cross T-shirts, a symbol linked to neo-Nazi groups, and began filming. The situation escalated quickly, with the neo-Nazis assaulting the hikers, damaging their vehicle, and stealing their phones.
Prosecutor Brendan Kissane KC argued that the judge underestimated the gravity of the offense, emphasizing the terror experienced by the innocent victims. He stressed that the defendants’ guilty pleas and potential to reoffend should not have mitigated the severity of their actions.
Representing Sewell, barrister Dermot Dann KC refuted the appeal’s validity, claiming that Judge Blair had already considered all relevant factors when sentencing. Similarly, Hersant’s lawyer, Christopher Carr SC, defended his client’s sentence, highlighting his lack of prior violent convictions and dedication to fulfilling his community service requirements.
The Court of Appeal, composed of Justices Karen Emerton, Maree Kennedy, and Christopher Boyce, is deliberating the appeal and will announce their decision at a later date. Outside the court, Sewell dismissed the appeal as a “political witch hunt” and reflected on his time in custody as “meditative.” The outcome of the appeal will determine whether Sewell and Hersant will face harsher penalties for their neo-Nazi activities.