A Sydney man who pleaded guilty to sexually abusing a woman at his home in 2020 has argued that 18 months' jail time is enough despite already being imprisoned for two prior sexual offences.
Aaron Troy Sweet, 45, admitted unlawfully touching a woman half his age on her vagina at his Ashfield home on July 4, 2020 after inviting her over for a wine tasting session over a $400 bottle of wine.
The victim, who cannot be named, had known Sweet for two weeks before the offence and told him she wished to do a wine tasting course to develop her career.
She woke up naked in Sweet's bed with no memory of what had happened, and claimed her tampon had been removed. His DNA was found on her vagina and clothing.
In Downing Centre District Court on Wednesday, Sweet's barrister Jack Hibbard argued the offence was in the mid-range of seriousness, saying his client should be eligible for parole after spending almost 18 months in custody since his arrest.
Admitting that Sweet would have known his victim was not consenting as she was neither awake nor responsive, Mr Hibbard denied the age disparity warranted a longer sentence. He said both offender and victim were mature adults who had come together to drink alcohol.
There was a degree of affection the following day, with Sweet making his victim coffee and ensuring she got home safely, the court heard.
Sweet, who watched the hearing via a link from Silverwater prison, has previously spent time in prison over two prior sexual offences.
Mr Hibbard suggested the touching incident in 2020 was a de-escalation from the prior crimes. When he argued that the past assaults should not lengthen the jail time now imposed by the court, this prompted questioning from Judge Jane Culver.
"These just aren't previous convictions of any type. These are sexual offences and yet he's come back into the community and sexually offended again ... Don't you think people in the community would regard that as aggravating?" she asked.
The defence barrister also argued a shorter sentence was necessary because faeces and urine had been thrown on Sweet while in custody after inmates found out what he had done.
Crown prosecutor Danielle Mansour rejected Sweet's expressions of remorse, saying he had said similar things after his previous sexual assaults.
"Yes, he acknowledged the harm caused to the victim in this matter ... They're just a few well-worn words in my submission," she said.
Sweet had engaged in an ongoing deception over the night, refusing to provide his address to the victim's mother, telling her lies that her daughter had caught an Uber and was on the way home, Ms Mansour said.
Judge Culver inferred he was lying and did not reveal where he was to prevent the possible rescue of a vulnerable woman.
Sweet also lied to the victim first the next morning, saying she had not wanted to go home, and then during a later phone call in which he said she had performed oral sex on him during the night, the court heard.
In a statement read out in court, the victim described how she now had an overall distrust of people since the incident, finding herself questioning people's motives.
"I genuinely hope no other person has to experience a similar situation on account of the offender," she wrote.
Sweet's sentence will be handed down on Friday.
