An appeal has been lodged by the NSW Director of Public Prosecutions office over what Judge Martin Blackmore said was a breach of trust.

Judge Blackmore described charges of aggravated indecent assault and three counts of attempted intercourse with a child aged under 10 as “seriously wrong”, but at the lower end of the scale for such matters.

The appeal by the DPP was lodged on September 18 and the case has since been mentioned twice.

In the latest mention on November 6, the matter was allocated three hours for hearing in the Court of Criminal Appeal on March 18.

The man, 64, pleaded guilty earlier this year and his sentencing was adjourned until the Albury District Court sittings before Judge Blackmore.

“He must serve a sentence because that is the only penalty open to me,” Judge Blackmore said.

The assaults happened at the man’s home in 2011 on children aged five and three.

Judge Blackmore was told the man has been seeing a psychologist since June and now understands the damage his offending has caused his family.

Barrister Grant Brady tendered a list of the man’s community involvement.

Mr Brady said the vulnerability of the children was part and parcel of the offences.

Crown prosecutor Max Pincott said the age of the children was a highly aggravating factor.

Judge Blackmore said there was a long list of community organisations assisted by the man over the years.

He had previously been held in high regard by his own children before the offences became known.

“The offender has expressed remorse for his actions,” Judge Blackmore said.

“Recognition of the wrongfulness of his actions is the first step towards rehabilitation.

“He will benefit from a longer period on parole.”

Judge Blackmore said he took into consideration the man’s community involvement, his lack of any prior criminal offences and health issues he suffered.

A total term of three years and four months was imposed, with a minimum term of 20 months.