Melbourne, Victoria – Victorian prosecutors are challenging a judge’s decision not to impose further jail time on two neo-Nazis involved in a violent attack on hikers in Cathedral Range State Park in 2021. Thomas Sewell and Jacob Hersant were part of a group of far-right nationalists who attacked six hikers, causing damage to their car and forcing the victims to flee.
The attack, described by prosecutors as terrifying, resulted in Sewell and Hersant pleading guilty to violent disorder. Despite the seriousness of the offense, County Court judge Kellie Blair opted not to send them back to prison. Sewell was sentenced to 37 days in prison, while Hersant was given 200 hours of community service.
During the Court of Appeal hearing, Chief Crown prosecutor Brendan Kissane KC argued that the sentences were inadequate and suggested that a 12-month prison term should be considered for Sewell. Kissane also expressed concerns about the lack of remorse shown by both men, highlighting the potential for violent re-offending.
The appeal has sparked a debate in the legal community, with defense barrister Dermot Dann KC questioning the necessity of challenging the initial sentencing. Dann argued that Sewell was not directly involved in the more violent aspects of the attack and had already faced significant time in custody.
On the other hand, Hersant’s barrister Christopher Carr SC defended the County Court judge’s decision, citing Hersant’s youth and clean criminal record as factors that should be taken into consideration. Both Sewell and Hersant were present in court, supported by their families during the proceedings.
The Court of Appeal justices, Karin Emerton, Maree Kennedy, and Christopher Boyce, have reserved their decision on the matter, acknowledging the complexity of the case. The outcome of the appeal will determine whether Sewell and Hersant will face additional jail time for their involvement in the violent attack.
The case has drawn attention to the enforcement of violent disorder laws introduced in 2017, highlighting the challenges faced by the legal system in addressing offenses committed by extremist groups. The decision of the Court of Appeal will have implications for future cases involving similar acts of violence and the sentencing of offenders involved in such crimes.