Exclusive: Cameraman attacked after convicted kidnapper walks free from court

A man convicted of kidnapping a toddler from a western Sydney shopping centre has avoided jail.

Anthony John McGualey, 41, faced the possibility of ten years' imprisonment, but instead, walked free from Penrith District Court on Friday.

The father-of-three was sentenced to an 18-month good behaviour bond, yet despite celebrating, a family member lashed out a 9NEWS cameraman, screaming obscenities and throwing punches outside court.

Mr McGualey was released today after spending seven months in custody for grabbing a toddler by the hand and leading her away from her parents at a Westfield Penrith jungle gym.

The two-year-old girl had been playing with her sibling, when her mother lost sight of her for no more than three minutes.

Her mother and father told 9NEWS they had been sitting outside the play area on their phones at the time of the incident.

The toddler escaped and ran back to her parents, who in turn alerted security and police.

Investigators arrested the accused at his Penrith home after reviewing CCTV from the centre.

Mr McGauley later pleaded guilty to taking or detaining a child with intent to remove from parental control.

Mr McGualey's defence lawyer told a sentencing hearing today the 41-year-old was high on a combination of Xanax and heroin, and mistook the two-year-old for his granddaughter that day.

But the Crown argued there were inconsistencies in his statements, raising the possibility he was "distancing himself from responsibility."

Judge S Hanley noted he was also critical of Mr McGualey's "so-called amnesia" after he told authorities he couldn't remember the incident.

Taking all of this into consideration, Judge Hanley found there was no evidence to suggest this was a sexually motivated crime.

He instead deemed it to be the result of an aberration, referring Mr McGualey to residential rehabilitation, in order to protect the community.

Judge Hanley's parting words to Mr McGualey: "Any breach of the bond will bring you back before me."