A MAN jailed for seven years for drunkenly raping a sleeping woman has failed in a Court of Appeal challenge to his sentence.
Jack Rees, aged 41, of Newton Place, Thorpe Hesley, near Rotherham, was jailed at Sheffield Crown Court in November after admitting rape and sexual assault.
He appealed against the length of his sentence, but has had his case rejected by top judge
s Mr Justice Ouseley and Mr Justice Hickinbottom in
London.
Mr Justice Ouseley told the court the woman woke to find Rees had stripped her and was raping her after a drinking session. She told him to stop but, after he had left and she fell asleep again, she woke to find Rees sexually assaulting her.
He initially denied raping the woman, but accepted he must have been guilty when forensic testing confirmed they had had sex.
At appeal his lawyers argued the seven-year sentence was "manifestly excessive" since it did not reflect the basis on which Rees had pleaded guilty.
In his basis of plea, he said he had no recollection of committing the offences, but the judge had sentenced him on the basis he knew what he was doing, it was argued.
But, rejecting his appeal, Mr Justice Ouseley said the circumstances of the offences and the surrounding events showed he was aware of what he was
doing.
"It is perfectly clear from the facts he was aware he was having sexual intercourse and there was only one person with whom that could be," he said.
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