Hobart man walks free despite child sex stories referencing William Tyrrell, Maddie McCann
Hobart man Sonny Day wrote stories with fictitious references to missing children Madeleine McCann (left) and William Tyrrell (right).
Hobart man Sonny Day's little stories about children having sex included fictitious references to missing youngsters William Tyrrell and UK girl Madeleine McCann, but a judge has decided his jail time is over.
After pleading guilty to producing child exploitation material, the 60-year-old on Friday walked free from custody after a Supreme Court judge backdated a four-month sentence.
This means that with time already served, Day is back in the community subject to a three-year probation order.
The offences occurred between June 2012 and June 2015 when he was serving prison time for crimes relating to child pornography.
On two occasions he scrawled graffiti on his prison cell walls, depicting child pornography.
"He again committed the crime of producing child exploitation material, this time by writing a number of little stories about children engaging in sexual activity," Chief Justice Alan Blow said.
"Any reasonable person would regard them as being particularly offensive."
The court noted there is no suggestion Day has ever harmed a child.
"(He) suffers from bipolar disorder (and) all of his offending has occurred during manic episodes," Justice Blow said.
A condition of his probation order is that he undertake psychological or psychiatric assessment as requested.
"The material that I am concerned with had a particularly small readership, and is not likely to have done any harm beyond creating feelings of disgust and revulsion in those who had to deal with it," the judge said.
"Mr Day has remained in prison for a little over four months as a result of these crimes. No greater period of imprisonment is called for."
In evidence previously submitted to court, Day's stories included material titled "What happened to William Tyrell" and "What happened to Madeleine McCann by Justin Time".
Justice Blow did not directly address these stories during Friday's sentencing and there was no evidence to suggest they were anything but fiction.
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