A Balgownie gamer jailed last week for sexually grooming a girl he met while playing Fortnite has been released from custody ahead of a court appeal over his sentence. Prosecutors did not oppose Samuel Berroya’s bid for bail in Wollongong Local Court on Tuesday in the wake of an upcoming NSW District Court appeal against the severity of his sentence. Berroya was last week jailed for five months after pleading guilty to one count of travelling to meet a child for groomed sexual activity. The 25-year-old admitted he had spent almost a month sending the 13-year-old girl sexually explicit messages, including videos of himself masturbating, before he drove to see her in a midnight rendezvous on Valentine’s Day this year. Defence lawyer Elizabeth Parks told Berroya’s sentencing hearing that he was an “very slight” young man who was afraid he would be assaulted if he was jailed. “He has genuine concerns for his physical wellbeing if he goes into custody because of his small physique and the charges [against him],” she said. However, Magistrate Melissa Humphreys found full-time jail was the only appropriate penalty for Berroya and sentenced him to 15 months’ jail, with a five-month non-parole period. In court on Tuesday, Ms Parkes confirmed an appeal had been lodged against the severity of Berroya’s sentence and sought his release on bail in the interim. A representative from the Director of Public Prosecutions did not oppose the application and it was granted by Magistrate Gabriel Fleming. As part of his bail, Berroya must report to police three times a week, stay away from the Southern Highlands where the teen lives, and comply with the conditions of an apprehended violence order. Berroya has also been banned from using the internet or his Playstation while on bail, and is also prohibited from having a mobile phone. A date is yet to be set for the appeal.

Challenge: Samuel Berroya has been released on bail pending the outcome of an appeal against the severity of his sentence.

A Balgownie gamer jailed last week for sexually grooming a girl he met while playing Fortnite has been released from custody ahead of a court appeal over his sentence.

Prosecutors did not oppose Samuel Berroya’s bid for bail in Wollongong Local Court on Tuesday in the wake of an upcoming NSW District Court appeal against the severity of his sentence.

The 25-year-old admitted he had spent almost a month sending the 13-year-old girl sexually explicit messages, including videos of himself masturbating, before he drove to see her in a midnight rendezvous on Valentine’s Day this year.

Defence lawyer Elizabeth Parks told Berroya’s sentencing hearing that he was an “very slight” young man who was afraid he would be assaulted if he was jailed.

“He has genuine concerns for his physical wellbeing if he goes into custody because of his small physique and the charges [against him],” she said.

However, Magistrate Melissa Humphreys found full-time jail was the only appropriate penalty for Berroya and sentenced him to 15 months’ jail, with a five-month non-parole period.

In court on Tuesday, Ms Parkes confirmed an appeal had been lodged against the severity of Berroya’s sentence and sought his release on bail in the interim.

A representative from the Director of Public Prosecutions did not oppose the application and it was granted by Magistrate Gabriel Fleming.

As part of his bail, Berroya must report to police three times a week, stay away from the Southern Highlands where the teen lives, and comply with the conditions of an apprehended violence order.

Berroya has also been banned from using the internet or his Playstation while on bail, and is also prohibited from having a mobile phone.

A date is yet to be set for the appeal.