Supreme Court Justice Robert Pearce jailed Brian Sheals for the indecent assault which occurred at a birthday party hosted by the victim's sister.

"Although you had mutual friends you did not know the victim directly," Justice Pearce said last week.

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"Throughout the evening you spoke with her but, by about 11 pm, she was highly intoxicated.

"During the evening you expressed a sexual interest in the victim to her sister, but you were warned not to act on it because she was too drunk and did not know what she was doing."

The victim then fell asleep on a couch in the living room, the judge said, and as the party wound down a bed was set up for Sheals on the floor in the same room.

"The State accepts that, after the hosts had gone to bed, the complainant moved from the couch onto the floor of the room where you were.

"She did not initiate sexual contact, but you removed her pants and began to lick her vagina."

Justice Pearce said the victim's sister, hearing noises, got out of bed to investigate and saw her sister naked from the waist down with Sheals' head between her legs.

"Her sister yelled at you to stop and asked you to leave the house. You immediately apologised, said you should have known better, and left."

Justice Pearce told the court that when police were called the victim was so asleep she could not be woken, and the next morning she had no memory of the offending.

"It is obvious that the acts you performed were without the victim's consent," the judge said.

"You say that you believed that she was consenting, but... because her level of intoxication was so obvious and because you had earlier been warned not to act as you did for precisely that reason, that belief was entirely unreasonable."

The judge said the victim has, after being made aware of what happened to her, been significantly psychologically affected.

"She required medication for depression, a condition for which she had not previously required treatment.

"Her sleep and appetite were affected. She has nightmares, now feels unsafe, insecure and distrustful."

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He said Sheals had a "considerable" criminal record, and has previously been sentenced to terms of imprisonment.

He is also a permanent resident, not a citizen, and the judge said although he has lived in Australia for most of his life, the relevant government minister may cancel his visa if he serves further time in jail.

"The prospect of deportation... may be mitigating if it is also established that it is a hardship likely to make imprisonment more onerous.

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"I think that there is some degree of speculation involved here although I will assume that deportation is likely.

"Even so, I have concluded that the only appropriate sentence is one of imprisonment."

He was sentenced to 10 months jail, with a six month non-parole period.

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