Melbourne, Victoria prosecutors are pushing for harsher penalties for two individuals involved in a violent attack on hikers in Cathedral Range State Park in 2021. Thomas Sewell and Jacob Hersant, who are believed to have ties to a far-right nationalist group, participated in an assault on six hikers by a group of 25 men, some of whom were masked and armed with knives. The victims were left traumatized, with their car damaged and forced to flee the scene.
The Director of Public Prosecutions is contesting the lenient sentence handed down by County Court judge Kellie Blair, who opted not to impose additional jail time on the defendants for their role in the incident. Sewell, who spent 210 days in custody before being released, was only given a 37-day sentence for violent disorder. Hersant, who spent three days in jail, was ordered to complete 200 hours of community work.
During the appeal hearing, Chief Crown prosecutor Brendan Kissane KC argued that the punishments for both men were insufficient and failed to reflect the severity of their actions. He emphasized that the victims, who were innocent bystanders, were subjected to a terrifying ordeal. Kissane also raised concerns about the lack of remorse shown by Sewell and Hersant, suggesting a potential risk of re-offending.
In defense of Sewell, barrister Dermot Dann KC contended that his client was not directly involved in the violent aspects of the attack and deserved a sentencing discount for pleading guilty. The defense also highlighted Sewell’s challenging experience in solitary confinement during the pandemic. Hersant’s barrister, Christopher Carr SC, defended the judge’s decision not to impose a jail term on his client, citing his clean criminal record and young age.
The appeal proceedings, overseen by Justices Karin Emerton, Maree Kennedy, and Christopher Boyce, continue as the prosecution seeks a more severe sentencing outcome for Sewell and Hersant. The case has sparked debate surrounding the application of violent disorder laws introduced in 2017 to combat street gang violence in Victoria. The defendants’ lack of accountability and potential for future violence have raised concerns among legal experts and observers.