A Warwick man convicted of a sexual offence against a girl has been released on bail pending an appeal against his sentence.

Cameron Sousa-Saints, 27, was sentenced on Wednesday to serve two years behind bars for sexually touching a young person on an unknown date between July 2016 and August 2018.

However, the court heard that an appeal against his sentence had been launched with his counsel arguing that Sousa-Saints was a vulnerable person because of his intellectual disabilities.

At a hearing in the Supreme Court, Puisne Judge Alan Richards said that an appeal should be held as soon as practicable, stating that there was a realistic chance that his sentence would be overturned or suspended.

During his trial last year, Magistrates’ Court heard that the victim, who was under the age of 14, had gone to the defendant’s house to watch a film with other children.

The victim said that when she was temporarily left alone with the defendant, he exposed himself to her and urged her to have sexual contact with him.

The victim wrote about the incident in a journal, but did not tell her family until 2023 because she was “scared and disgusted”.

Magistrate Auralee Cassidy initially dismissed the case against Sousa-Saints, stating that while she believed the victim, the defendant’s mental impairment hindered his understanding of his actions.

That ruling was subsequently overturned by Mr Justice Richards, who found Ms Cassidy had misapplied the medical evidence of the case.

At a sentencing hearing on Wednesday, Ms Cassidy convicted Sousa-Saints of the offence and handed down a two-year prison sentence.

However, the court heard that an appeal against the sentence had been filed to the Supreme Court before the sentence had been handed down.

At a hearing yesterday, Karim Nelson, for the Crown, said that while the Crown had thought a conditional discharge would have been suitable in the case given all the circumstances, Ms Cassidy had taken a different view.

He said the question for the Supreme Court would be if the sentence was outside the range of reasonable sentences, and he was not sure if it was.

Richard Horseman, for Sousa-Saints, said there was a significant difference between a conditional discharge and an immediate custodial sentence.

He argued that the appeal had a realistic possibility of success, that Sousa-Saints had no previous convictions and had answered bail on every occasion.

Mr Horseman added: “There is a clear case why bail should be granted. There’s a strong likelihood that this sentence is going out the back door.”

Mr Justice Richards released Sousa-Saints on bail until April 10, when the matter is to be mentioned.

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