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NICHOLAS Francis O'Callaghan was freed from imprisonment on Friday after winning two appeals.
Sitting in Port Macquarie District Court, Judge Leonie Flannery said the "extra-curial punishment" suffered by the former radio identity was relevant to his sentences.
Extra-curial punishment is serious loss suffered by an offender as a result of their crime. In O'Callaghan's case, this relates to his estrangement from one of his children, total social isolation since being charged and the loss of income and public profile.
Magistrate Brian van Zuylen sentenced O'Callaghan on October 13 to 18 months imprisonment with a non-parole period of 12 months for indecent assault.
The 53-year-old was ordered to serve a concurrent nine-month sentence for possessing child abuse material, which came with a non-parole period of four months.
On Friday morning the Judge first dismissed O'Callaghan's all-grounds appeal against his conviction and sentence for indecent assault.
She did not accept solicitor Michael Dampney's submission the victim's mother's brain injury affected the woman's memory, "as the circumstances (of the assault) were a little unusual",
Judge Flannery said "his (O'Callaghan's) account did not explain the complainant's distress".
O'Callaghan tightly tented his fingers after the all-grounds was dismissed, and slumped forward slightly through the severity of sentence appeals.
Mr Dampney said it was a "very low level instance of assault, except for the age of the child".
He argued the child abuse material was mainly literature and "it doesn't involve exploitation of children to create that literature".
There was no intent to distribute the material, nor was there any chance of someone inadvertently accessing it, he said.
But Crown prosecutor Vicki Hollins said the victim and another young girl were regularly at O'Callaghan's house and using his computer.
"Your honour, the risk is high," Ms Hollins said. "That risk is real."
Mr Dampney said the judge could not be satisfied the material was on a computer because it was stored externally.
Ms Hollins argued the original sentences reflected O'Callaghan's lack of remorse, while Mr Dampney asked the court to consider the "catastrophic effect this has had on the appellant".
Judge Flannery confirmed the magistrate's sentences, but upheld O'Callaghan's appeals against the severity of both by suspending them under section 12 of the Crimes (Sentencing Procedure) Act 1999.
He was ordered to be of good behaviour until May 3, 2016, and must continue his psychological rehabilitation during that time.