A former Waroona football star found guilty of raping a woman as she slept hours after they met and kissed on a Perth nightclub dance floor has failed in his bid to reduce his sentence.
Courtney Donald Lakay was convicted of sexual penetration without consent over the May 2015 incident and was sentenced in the West Australian District Court to three years and nine months behind bars.
The Mandurah Mail reported in March 2018 that an online fundraising appeal was created by Lakay’s brother Julian Lakay, who said he would use the money to appeal the verdict.
Lakay took his case to the WA Court of Appeal, arguing the sentence was manifestly excessive, but on Friday the matter was dismissed.
"The appellant's offending has had a very significant adverse impact on the complainant's psychological wellbeing," the judges ruled.
"It is not reasonably arguable that the sentence imposed in this case was manifestly excessive."
The victim, who was 24 at the time of the crime, testified during the trial that she was "tipsy" as she danced with Lakay and they kissed a few times.
She said Lakay, then aged 30, gave her a "peck" on the lips as they laid in a bed at her friend's unit to sleep.
But she pulled away and fell asleep in the foetal position, waking up later to find Lakay raping her.
The woman said she remained still and closed her eyes because she "didn't know how to react".
In a text message days later, Lakay said he "felt pretty bad all week" and was "really sorry", adding that his actions were "out of character".
Lakay will be eligible for parole after serving half his term.
