But the court has overturned an increase to the former doctor's jail sentenced imposed in an appeal this year, raising the possibility that he could be released pending a rehearing of the matter next year.

Reeves was given a minimum two-year sentence for assault ocassioning grievous bodily harm in July 2011 over a procedure he undertook on South Coast woman Carolyn DeWaegeneire in 2002.

Ms DeWaegeneire required a small pre-cancerous growth removed from her labia in 2002. When she had surgery at Pambula Hospital, Reeves cut off her clitoris and labia.

Just before she became unconscious from the anaesthetic, Reeves told her: "I'm going to take your clitoris too."

The two-year minimum sentence caused outrage across the state. On appeal, the NSW Court of Criminal Appeal added 18 months to the sentence.

But the High Court overturned that decision on Wednesday.

It did so on the basis that the Court of Criminal Appeal had failed to properly take into account Reeves' medical condition and the imminent expiry of his non-parole period.

It has sent the matter back to the Court of Criminal Appeal to reconsider the sentence appeal.

It is possible that lawyers will apply for Reeves to be released on bail in the interim, given that the non-parole period on the original sentence has now expired.

smh.com.au