Multi-millionaire Ron Brierley won his release from jail after his prison conditions and his physical and mental decline were deemed to be "significantly worse" than anticipated.
They included the diagnosis of a very serious and aggressive form of skin cancer, two emergency admissions to hospital for uncontrolled bleeding, significant surgery to remove the cancer and a prolonged recovery with post-operative complications.
Also scarce resources for geriatric inmates meant the child abuse material offender was placed in an ordinary cell and could only shower once every 10 days due to his fear of falling.
This in turn had ramifications for a man with a history of urinary tract infections.
The 84-year-old was jailed in October for 14 months with a non-parole period of seven months, which was due to expire on May 13.
The former high-profile corporate raider from New Zealand pleaded guilty to three counts of possessing child abuse material found on devices in his airport luggage and at his home in Sydney's harbourside Point Piper.
But on February 1 the NSW Court of Criminal Appeal allowed his sentence challenge, resentencing him to 10 months with a non-parole period of four months.
He was released on February 13.
On Friday, Justices Robert Beech-Jones, Ian Harrison and Des Fagan published their reasons for allowing his appeal on one of three grounds argued by his lawyer.
They agreed that evidence, not available at the time of sentence, demonstrates that Brierley's conditions of custody, together with his physical and mental ill-health, were significantly worse than contemplated, and found, by the sentencing judge.
Before sentencing him, Judge Sarah Sarah Huggett was given "aspirational and unrealistic" information about the care which could be afforded to Brierley as an aged and frail inmate.
Reference was made to the Kevin Waller Unit at Long Bay jail which included a large walk-in shower with a handrail and handheld shower, while the floor tiles were coated with nonslip surfacing.
If she had been "frankly informed" that, due to the unit being at capacity, safe care for an inmate such as Brierley could not be assured, then she "would have had proper material upon which to consider a shorter term or an alternative sentencing option", Justice Harrison said.
"Sentencing judges cannot make sound decisions with respect to geriatric offenders who are frail and/or in serious ill-health unless accurate information about conditions of custody is supplied."
Brierley possessed more than 40,000 images, many being duplicates, of prepubescent girls in swimwear, underwear or other clothing, in sexually suggestive poses.
He also had two sexually explicit stories involving child victims and an image of a naked girl posing on a bed.
The charges led to his being stripped of his knighthood and his name erased from the many organisations he helped.
