Man who raped sleeping friend walks from jail
A MAN who raped his unconscious friend has walked from jail after the Supreme Court of Queensland ruled his sentence should be reduced.
Aidan Daniel Smith was sentenced to three years' jail in Townsville District Court after pleading guilty to sexually assaulting and raping his friend at her house in June 2018.
Smith went to the woman's house and the pair drank alcohol and smoked marijuana together before she offered to let him stay the night so he had a safe place to sober up.
She took a Valium and fell asleep, waking hours later in pain to find Smith digitally raping her and grabbing her exposed breasts.
In a court judgment online, it detailed how the woman felt "like she was paralysed, unable to move her legs or body" while the assault took place.
The judgment also revealed the assault was particularly painful for the woman, who had endometriosis.
In the aftermath of the rape, Smith apologised to the woman via Facebook messages and made full admissions to police.
At his sentence in August last year, Judge Leanne Clare agreed Smith was "genuinely stricken by guilt" and, taking into account his early guilty plea and lack of criminal history, ordered he serve nine months of his sentence behind bars.
Smith challenged the sentence, arguing it was manifestly excessive.
This week, the Supreme Court of Queensland shaved six months off Smith's sentence and gave him immediate release.
He will serve the rest of his two-and-a-half-year jail term in the community on a suspended sentence.
*For 24-hour support in Queensland phone DVConnect on 1800 811 811, MensLine on 1800 600 636 or the national hotline 1800 RESPECT on 1800 737 732