A Perth man who bragged to a friend about sexually assaulting a passed-out woman and taking photos and videos of the abuse been sent to jail, after initially being given a suspended prison term.
The man, who is not named to protect the identity of his victim, had pleaded guilty to four charges including one of aggravated sexual penetration without consent.
The offences were committed at his home in 2018, after he believed the woman had passed out due to fatigue and alcohol consumption.
While the abuse was happening, he used his mobile phone to take photos and videos of the naked woman, in what was described as an aggravating feature of the offences because it was likely to seriously and substantially degrade or humiliate the victim.
The woman was unaware of what had happened, but the man later bragged to a friend about the photos and police became involved, leading to him being charged.
When he provided his phone to police, 29 photos and 9 videos of the woman being abused were found.
Suspended term 'unreasonable or unjust'
The man was initially sentenced earlier this year in the District Court and given an 18-month suspended jail term, but state prosecutors immediately appealed, arguing the penalty was "manifestly inadequate".
Now the Court of Appeal has agreed, ruling the man should receive an immediate term of imprisonment.
It found the offences were so serious, especially the charge of sexual penetration without consent, that the suspended jail term he received was "unreasonable or plainly unjust".
"It was significant that the complainant was asleep at the time of the offending which both placed her in a vulnerable position and made it abundantly clear to (the man) that she was not consenting to any sexual activity at that time," the court ruled.
"Further, the recording of the offending … which did actually degrade and humiliate the victim, elevated the degree of criminality involved.
"Whilst (the man) did not generally circulate the images he created, it was an aggravating factor that he showed some of them to a friend."
The court accepted that the man was remorseful and had since undertaken psychological counselling to rehabilitate himself, but it said a sentence of three years' jail was appropriate.
The man, who had not served any time in custody, will be eligible for release on parole after serving half the term.
