The man, who cannot be identified for legal reasons, pleaded guilty in the County Court to one charge of using a carriage service to access child pornographic material.

He was convicted and immediately released on a recognisance order – effectively a five month suspended prison sentence – with a 12 month good behaviour bond, community corrections order and entry into a sex offenders program.

The man was also placed on the Sex Offenders Register for eight years.

Crown prosecutor Daniel Holding said the Australian Federal Police Child Protection Operations Group raided the man’s residence in February, 2013, where they seized a computer and four hard drives.

Officers found 86 images of child pornography, 83 of which had been deleted and three which needed specialist software to access.

Of the images, 58 were described as the lowest level of child pornography involving older teenage children, while 13 involved children and adults and two depicted forms of child abuse.

They were downloaded from two websites between November 6 and 29, 2012.

Officers initially suspected 1098 images on the computer and hard drives were of child pornography, but could only prove beyond reasonable doubt that 86 involved children.

There was no evidence that the images had been forwarded to other people.

Defence council Michael Stanton said the majority of the images showed “post-pubescent” children and the offending was on the lower end of the scale.

He said the man had been diagnosed with post-traumatic stress disorder, depression and chronic pain.

Mr Stanton said the man had been diagnosed with libido problems which caused stress in his relationship.

Judge Paul Grant said those charged with child pornography offences usually received a jail sentence, but the length of time between the charges and the sentencing, an early guilty plea, the small number of images and small time frame of their downloaded meant a prison term was inappropriate.

“Those who produce child pornography engage in shocking abuse of children. It is encouraged because of people willing to access it, which makes them willing participants in the abuse of children,” he said.

“This is one of the rare cases where it’s appropriate to be released immediately.”