Ron Brierley could be out of jail in less than a fortnight after the ailing multi-millionaire had his sentence cut for possessing child abuse material.
His barrister challenged the term on Tuesday, citing the deterioration of his client's medical conditions which he said hadn't been treated adequately in jail.
The 84-year-old was jailed in October for 14 months with a non-parole period of seven months, which was due to expire on May 13.
But he'll now be eligible for release three months earlier after the NSW Court of Criminal Appeal allowed the challenge.
Justices Robert Beech-Jones, Ian Harrison and Des Fagan resentenced Brierley to 10 months with a non-parole period of four months.
Noting Brierley's declining health, his barrister Tim Game SC particularly referred to the inability of the jail's medical services to deal with the aftermath of the removal of skin cancers from his leg.
While the dermatologist said he needed to be hospitalised for three weeks after surgery which included a skin graft, he was returned to his cell on the same day.
Despite the need for dressing changes on his large wound, he had to rely on help from another inmate and the stitches broke.
The former high-profile corporate raider from New Zealand pleaded guilty to three counts of possessing child abuse material found on devices in his airport luggage and at his home in Sydney's harbourside Point Piper.
Brierley possessed more than 40,000 images, many being duplicates, of prepubescent girls in swimwear, underwear or other clothing, in sexually suggestive poses.
He also had two sexually explicit stories involving child victims and an image of a naked girl posing on a bed.
The charges led to his being stripped of his knighthood and his name erased from the many organisations he helped.
During submissions, Justice Fagan said Justice Health's resources were "obviously desperately stretched" and a "very concerning situation" had developed.
The difference between being hospitalised for three weeks and being returned to a cell to be helped by a cellmate "is very, very significant in an elderly man", he said.
Mr Game referred to other health issues, including Brierley having lost a lot of weight and only showering every 10 days due to concerns about falls.
He also contended Judge Sarah Huggett erred in her sentencing in repeatedly noting the lengthy period the abuse material had been in Brierley's possession when the charges refer to a particular date.
While past possession was relevant, he was not being sentenced for that.
"Her Honour thinks she is sentencing for possession over a substantial period of time," he said.
The District Court judge had rejected a defence submission that a community penalty would be appropriate.
The Crown had accepted that the charges involved a low level of seriousness, contending a short period of jail time was appropriate.
The prosecutor told the Appeal Court the judge also had taken into account the difficulties Brierley would face in jail due to his age and health.
The judges will publish their reasons for allowing the appeal on a later date.
Brierley did not appear in court in person or via audio-link.
