Golden Bay man caught watching child porn has immediate prison sentence overturned

A Golden Bay man who was imprisoned for watching child pornography outside a Mandurah deli has been released after appealing his conviction.

Simon John Cluett received a nine-month prison sentence after pleading guilty in Perth District Court on June 17, 2019 to possessing child exploitation material and two counts of using a mobile phone to access child pornography material.

The judge made an order for the 63-year-old to be released after serving six months and one day of his sentence.

The court was told Cluett was sitting outside a Singleton deli in a hunched over position watching a video on his mobile phone about 11.30am on August 1, 2017.

Two police officers parked nearby, before Cluett put his personal items into a bag and walked away.

The officers approached Cluett and asked him to stop, which he initially ignored.

The pair heard audio coming from Cluett's bag, which sounded like pornographic material and voices of children.

Police observed a video on Cluett's phone of a young boy, about seven years of age without clothing on from the waist down, with a young girl leaving the bed, the court was told.

In an interview with a community corrections officer, Cluett said he had no sexual interest in children and was conducting research into a book he was writing.

On August 2, 2017, police seized electronic devices containing 28 images of child exploitation material including videos of children between five and 14 having sexual intercourse with adults.

Cluett also had images of naked and undernourished adults and children from Nazi concentration camps.

Cluett appealed the sentence on July 15, 2019, on the grounds that it was excessive to impose sentences of imprisonment to be immediately served.

The psychiatric report said Cluett had autism spectrum disorder with intellectual impairment.

He has not been convicted of any offences since 1994.

The appeal was approved and Cluett was re-sentenced to a suspended six-month prison term, for a period of 12 months.

Cluett was released from prison and ordered to pay a $500 good behaviour bond, for a 12-month period.

He is under probation supervision and is unable to travel interstate or overseas.