A Hunter man convicted of possessing child abuse material has been released on bail, less than an hour after he was sentenced to a maximum of 18 months in jail.
Michael Richard Brady, 46, previously pleaded guilty and was on Thursday afternoon jailed when he faced Maitland Local Court.
But Magistrate Ron Maiden granted Brady bail soon after sentencing, when defence solicitor Grahame Hepworth immediately lodged an appeal, which will be heard in Newcastle District Court.
Magistrate Maiden said that, because Brady was being sentenced in the local court, the legislation did not allow for an Intensive Corrections Order or other alternative to full-time custody for this type of charge.
He said Brady's offending was "very serious".
Mr Hepworth said his client was "very embarrassed" at having been charged with possessing child abuse material.
The court heard he had suffered from alcoholism and mental health problems, but had undergone treatment since he was charged.
Brady was arrested late on the night of June 24, 2022, after his housemate found him asleep in front of a laptop which was playing a video depicting child abuse.
When police arrived at the scene, Brady handed over a thumb drive containing 44 videos and 63 images, according to a statement of agreed facts tendered to the court.
They also seized several hard drives which contained 411 child abuse material images, and 50 videos depicting child abuse.
Mr Hepworth said in court his client did not know how or why he obtained the material.
