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Court Quashes Mitchell’s Conviction in Nazi Salute Case, Reduces Muston’s Fine

Ryan Marshall’s appeal was dismissed after the judge warned that public Nazi gestures will attract severe punishment.

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Overview

  • Anthony Mitchell’s October 2023 conviction was overturned after his lawyers successfully argued he was mimicking a Ricky Gervais skit rather than expressing support for Nazi ideology.
  • Daniel Muston’s conviction was upheld but his fine was halved from $1,000 to $500 after Judge Craig Smith deemed the original penalty excessive.
  • Ryan Marshall’s severity appeal was rejected, leaving his $1,500 fine intact and affirming the court’s view of the offence’s seriousness.
  • Court records show the trio briefly performed a Nazi salute and goose step for about one second while returning to their work van outside the Sydney Jewish Museum.
  • Judge Smith emphasized that any public display of Nazi symbols is prohibited under New South Wales law and will be met with stern judicial response.