A man convicted of historical child sex offences will remain on bail after a judge dismissed a detention application. 

Robert Van Gestel was originally granted bail ahead of sentencing, after being convicted of eight offences in June.

He was one of three convicted paedophiles released on bail to await their sentences.

The Director of Public Prosecutions argued Van Gestel should be taken into custody ahead of his sentencing under recently-passed bail laws.

The bail reforms passed after Ray Hadley brought to light a loophole that allowed judges to grant bail to convicted paedophiles awaiting sentencing.

But Justice Peter Garling was not convinced an intensive corrections order had been ruled out and ultimately dismissed the Crown’s application, instead imposing an additional bail condition.

2GB court reporter Josh Bryant told Ray Hadley the historic nature of the case uncovered the awkward technicality.

“It’s around exactly what the charges are and what they were and how they were described at the time they were committed,” he said.

“It seems like a technicality of the law as to whether an intensive corrections order is completely off the table or not.”

Justice Garling has invited the Crown to make further submissions on the matter by this afternoon.

Press PLAY below to hear Ray Hadley’s reaction 

Image: Getty