Melbourne, Victoria – The Court of Appeal in Victoria has dismissed the bid by prosecutors to send neo-Nazis Thomas Sewell and Jacob Hersant back to prison over a violent attack on hikers at a state park. The duo were convicted of the 2021 attack, where they joined a group of armed far-right nationalists and assaulted six hikers, causing them to flee. Sewell and Hersant were sentenced to time already served over the incident, leading to the prosecutors’ claims that the sentence was inadequate.
Sewell had spent 210 days in custody awaiting charges, while Hersant was in custody for three days. The appeal judges validated the sentence for Sewell but found it too lenient for Hersant. The judges recognized the seriousness of the offense and the need for a custodial sentence but deemed it counterproductive to send Hersant back to jail, given his completion of 200 hours of required community service.
The Court of Appeal judges condemned the actions of Sewell and Hersant, who were leaders of the European Australian Movement (EAM) and National Socialist Network (NSN) at the time of the attack. They expressed their disapproval of the groups’ use of violence to terrorize innocent members of the community, describing the attack as “gratuitous, cowardly, and entirely unprovoked pack-violence.”
While Sewell’s legal battles have concluded, Hersant is still facing charges in a separate case, where he is accused of making an illegal Nazi salute minutes after leaving court. He is the first Victorian to be charged with the offense and could face jail time if found guilty.
Overall, the Court of Appeal’s decision to uphold the sentence for Sewell but question its leniency towards Hersant highlights the complexities of sentencing in cases involving violent offenses. The judges carefully considered the individual circumstances of each defendant before making their ruling, balancing the need for punishment with the potential for rehabilitation and community safety.