A self-described Nazi will become the first person in Australia sentenced to prison for performing an outlawed Nazi salute when a magistrate sets his term later his month.

Magistrate Brett Sonnet told Jacob Hersant on Wednesday he will be sentenced to a “relatively modest term of imprisonment” at a court appearance on October 23.

“It will not be a severe term of imprisonment, but I have not determined the length,” Mr Sonnet said.

The maximum potential sentence is 12 months in prison plus a 24,000 Australian dollar (£12,350) fine.

Hersant, 25, gave the salute and praised Adolf Hitler in front of news media cameras outside the Victoria County Court on October 27, 2023, after avoiding a prison sentence on a conviction for causing violent disorder.

He gave the gesture six days after the Victoria state government made the Nazi salute illegal. The Federal Parliament passed legislation in December that outlawed nationwide performing the Nazi salute in public or to publicly display, or trade in, Nazi hate symbols.

Hersant became the first person convicted under Victorian law when found guilty on Tuesday following a hearing in the Melbourne Magistrates’ Court.

His lawyer Tim Smartt had suggested a 1,500 Australian dollar (£770) fine, saying the behaviour was not at the serious end of the crime.

But prosecutor Daniel Gurvich disagreed, describing the offending as serious and called for a prison sentence.

Mr Gurvich noted that Hersant told media after he was convicted that “I’ll still continue to give the salute, but hopefully police officers don’t see it.”

“I want to emphasise that I’m not punishing your client for holding his political views,” Mr Sonnet said.

“He’s entitled to hold those political views however unpalatable, however offensive they may be to others.”