By ZARA DAWTREY
Terry Martin is a free man a week after he was locked up for having sex with a 12-year-old.
The former MLC Member for Elwick and Glenorchy mayor of 15 years walked out of the Supreme Court in Hobart yesterday surrounded by his legal team.
He was found guilty of having sex with a young person and of producing child exploitation material, at the end of a four-day trial on Monday last week.
Justice David Porter yesterday handed Martin a 10-month jail term, backdated to Monday last week, when he was taken into custody.
The judge wholly suspended that sentence from yesterday on the condition Martin be of good behaviour.
Justice Porter also chose not to place Martin's name on the sex offender register, finding his offending was directly caused by hypersexuality resulting from Parkinson's disease medication.
As he was no longer taking it the judge said he presented no risk to the community.
He gave a multitude of reasons for his decision and said expert medical evidence "unequivocally proves" the medication was to blame for symptoms which caused his offending and he should be sentenced accordingly.
" ... a highly individualised approach should be taken [to sentencing] in these circumstances," Justice Porter said.
The 54-year-old Martin remained silent and did not react as he made his way down the court steps. His lawyers said he would not be making any comment.
As he turned into St David's Park Martin was accosted by outraged relatives and supporters of the child with whom he's had sex with and had photographed at his Claremont home in September, 2009.
He moved grim-faced through the shouting, swearing group.
Defence lawyer Peter Barker last night told the Mercury Martin had endured a terrible ordeal and there was no cause for celebration.
He said his client was a very unwell man who did not deserve to be locked up purely because his doctor had prescribed him a medication with terrible and unexpected side-effects.
Justice Porter had earlier given 11 determinations he made in considering Martin's sentence.
- The complainant was genuinely exploited.
- A wide disparity existed between the ages of Martin and the complainant but there was no suggestion he was seeking an underage sex partner.
- There was no suggestion he was aware of her true age.
- There was a large number of pictures taken of the girl and kept as they were locked in Martin's study, "they could have fallen into the wrong hands".
- The pictures were at the lower end of the legal scale in terms of child exploitation material.
- Martin was not the complainant's "sole corrupter".
- The commission of the crimes was directly connected to medication Martin was prescribed "but for the medication he would not have engaged the services of sex workers".
- The medication lowered his inhibitions and affected his moral capacity.
- He gave police his full co-operation and potentially provided the evidence that saw him charged.
- His reputation has been severely harmed, if not destroyed.
- There is no likelihood of reoffending.
Justice Porter said there was no question the fate of the 12-year-old was "outrageous and deplorable in the extreme" but said the man and woman responsible had been dealt with.
"Mr Martin has served as something of a lightning rod for community outrage," Justice Porter said.
"The matter should end here."