A Canberra region rapist's appeal has been dismissed after a judge found the victim's body was used as a "tool for the satisfaction of his sexual desire".
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Aidan Creed Kelly, of Crookwell, was sentenced last October for an offence of engaging in sexual intercourse without consent on November 23, 2019.
The night before, the victim went to the Southern Tablelands with friends for a night out, meeting Kelly at the venue.
CCTV footage showed Kelly was interested in the victim but she was not interested in him.
Kelly left the bar with her friends, and they continued to drink at a friend's house.
The victim went to sleep in a spare room with her boyfriend while Kelly was asleep on the couch.
When the victim's boyfriend left in the morning, the victim woke up to Kelly raping her.
The victim then pushed Kelly off, stating "no, what the f---?"
She then ran to her friend's room, closing the door for safety and texting a friend to say she had been raped.
Goulburn District Court Judge Julia Baly sentenced Kelly to five years and nine months in jail, with a non-parole period of three years and nine months, with the term backdated to start in August 2021.
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Kelly appealed on two grounds, which were that the offence had been incorrectly categorised as being of mid-range objective seriousness and that the sentence imposed was excessive.
His lawyers submitted that his youth at the time of the offence, which he committed when he was 18, should be taken into account and the short duration of the rape meant it was a less serious crime.
Justice Robert Beech-Jones, Justice Christine Adamson and Justice Stephen Campbell rejected these submissions while dismissing Kelly's appeal in the NSW Court of Criminal Appeal last Wednesday, saying his age was irrelevant because "the nature of the offending was adult offending".
Justice Adamson also addressed the short duration of the incident by saying "this court has frequently held that the duration of offending is no measure of its seriousness" as it could have "lifelong effects".
Defence barrister Ian McLachlan also said the offending did not humiliate the victim as she was asleep.
Referring to the woman's victim impact statement, Justice Adamson said it was clear she was humiliated.
"[Kelly] had used her body without regard to her identity, personality or bodily integrity but merely as a tool for the satisfaction of his sexual desire," she said.
Justice Adamson said Kelly "was not remorseful, lacked insight and his prospects of rehabilitation were found not to be good".
Justice Beech-Jones and Justice Campbell agreed with the reasons given by Justice Adamson.
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Olivia Ireland
Olivia is a reporter for the Canberra Times. She has covered federal politics and public sector, court and crime, local news, arts, education and business. Olivia started as an intern in August 2021 and began her career with the Times after completing her studies in November 2021.
Olivia is a reporter for the Canberra Times. She has covered federal politics and public sector, court and crime, local news, arts, education and business. Olivia started as an intern in August 2021 and began her career with the Times after completing her studies in November 2021.
