Michael Edward Hatch, 38, was jailed on Tuesday for a minimum of five months after Magistrate Karen Fryar convicted him of possessing 20 child porn images.
Having lodged an immediate appeal against the sentence on the grounds it was “manifestly excessive”, Hatch was granted bail in the ACT Supreme Court this morning.
Chief Justice Terence Higgins said if Hatch remained in custody until the appeal was heard, he would have served most of the five-month non-parole period.
His partner, who cannot be named to protect the identity of her children, provided an affidavit in support of the granting of bail, outlining how Hatch helped her look after her four children.
The former constable was released on the same conditions he was on prior to his sentence, and will continue to undergo counseling.
Magistrate Karen Fryar had sentenced Hatch to 14 months' imprisonment, to be suspended after five months, and placed him on an 18-month good behaviour order.
Hatch was arrested on March 21 after a search at his Belconnen home uncovered at least 20 child porn images on his home computer. The images were mainly of young girls aged between six and 14 in sexually explicit poses, some with their genitals exposed. Hatch's internet browser also listed more than 5700 child porn website addresses.
His arrest was part of a global operation to crack down on child pornography and online paedophiles, with about 100 arrests made throughout Australia.
Hatch had admitted an addiction to pornography, but maintained he did not have a sexual interest in young girls. He said he had accessed the illegal images because he had seen it as a challenge, and claimed he had not perceived the subjects he was viewing at the time as exploited children but as images.
Ms Fryar expressed disbelief at Hatch's supposed ignorance of the consequences of his actions.
''In my opinion it is inconceivable that an educated man such as the defendant and who was a serving police officer did not understand or know the full ramifications associated with an involvementin child pornography,'' she said.
Ms Fryar took into account Hatch's remorse and depressive state, evidence of his good character and the fact he had lost his job and been subject to ridicule and derision since his arrest.
''Through the publicity in the media he has been exposed, rightly so, to communitycensure, and has suffered a loss of reputation with his friends and family," Ms Fryar said.
''In my view, nothing less than an immediate custodial sentence would appropriately mark the objective seriousnessof this offence, [and] act as a deterrent to others and punishment for the defendant."