Melbourne, Victoria prosecutors recently lost their bid to send two neo-Nazis back to jail over a violent attack on a group of hikers in a state park. The Court of Appeal dismissed claims that the sentence imposed on Thomas Sewell and Jacob Hersant was “manifestly inadequate”. The duo avoided further jail time after being convicted of the 2021 attack at Cathedral Ranges State Park in Victoria.
Sewell had already spent 210 days behind bars while waiting for charges to be brought before the Victorian courts, while Hersant was in custody for three days. They were sentenced to time already served for the incident, during which they were part of a large group that attacked hikers, forcing them to flee. The attack was described as a serious example of violent disorder by Chief Crown prosecutor Brendan Kissane KC.
While the prosecutors argued that the sentence was too lenient, the Court of Appeal President Justice Karin Emerton ultimately dismissed the appeal, stating that Sewell’s time served was sufficient, considering the harsh conditions he endured in prison. However, the judges found that the original sentence given to Hersant for completing community work was too lenient, considering the nature of his offense.
The judges noted the disparity in prison time served by the two men and stated that Hersant should have faced a custodial sentence to both punish him and send a clear message to the community that such offenses will not be tolerated. Despite their criticism of Sewell and Hersant’s actions, the judges also recognized Hersant’s completion of the required 200 hours of community service.
Sewell’s legal battles have come to an end, while Hersant remains before the courts in a separate case. Hersant faces potential jail time for allegations made by Victoria Police, claiming he made an illegal Nazi salute minutes after leaving court last year. He is the first Victorian to be charged with this offense and is currently fighting the charge.