Jacob Hersant looked straight ahead as Victorian County Court Judge Simon Moglia re-sentenced him today for the "contemptuous" offending.
The 26-year-old was the first Australian handed a prison sentence over the offence in November 2024 but he immediately appealed his one-month jail term and conviction in the County Court.
At a three-day appeal hearing, he argued he did not perform the sieg heil and, even if he did, the charge was constitutionally invalid.
But Judge Moglia disagreed and in December found Hersant guilty of intentionally performing the salute on October 27 in 2023.
Video played to the court showed him standing alongside fellow neo-Nazi Thomas Sewell as he raised his arm to salute in front of media outside the County Court, about six days after Victorian laws banning the gesture came into effect.
He was then captured on camera saying "nearly did it - it's illegal now" and "Australia for the white man, heil Hitler", before walking away.
In re-sentencing, Judge Moglia noted Hersant performed the salute only minutes after being sentenced to a community corrections order over a violent affray in regional Victoria.
The judge said the gesture was contemptuous and showed a disregard to the authority of the court.
The offending was also in breach of Hersant's corrections order, Judge Moglia found.
Hersant's lawyer Tim Smartt accepted the breach but argued his client should not be jailed, pointing to other salute cases where offenders were fined or given corrections orders.
Hersant's offending was less serious because he did not perform the gesture directly at a particular group or in a place like a synagogue, Mr Smartt said.
