The court acquitted Steven Halamboulis, 45, of two of the rapes, which were alleged to have occurred in the motel swimming pool, after finding the evidence was "somewhat confused''.
Justices Peter Buchanan, Paul Coghlan and Peter Almond said Halamboulis was at the motel in February 2007 with friends from the Black Uhlans and the victim arrived to buy drugs.
She told a jury she was given a spiked drink and went into the swimming pool feeling dizzy when four or five men she had seen wearing black jackets with patches on the back came into the pool naked.
The appeal court said the victim's description of a man who raped her in the swimming pool did not match Halamboulis and she was badly affected by drugs and alcohol at the time.
"The inconsistencies in the complainant's version of events, the barrier to clear recollection posed by her consumption of alcohol and drugs and discrepancies (in the evidence) constituted solid obstacles,'' the court said.
The judges rejected Halamboulis's appeal against conviction on the other rape counts which occurred when the woman went into a unit to get dressed.
Hamboulis claimed he had consensual sex in the unit with the victim after she entered in her underwear and felt his genitals but the appeal court said it was not an issue at the trial whether Halamboulis believed she had consented.
Halamboulis, of Reservoir, was found guilty by a County Court jury in March last year of four counts of rape.
The appeal court reduced Halamboulis's original sentence of 10 years with a six-year minimum to six years with a minimum of four years.
He has already served over 880 days in custody.
heraldsun.com.au 22 Dec 2011
Another case where the government lets out criminals out into the community to create more havoc.
The government propaganda machine, the corporate media, is on the bandwagon for laws that apparently discourage sexual crimes, i.e. internet censorship, but when these criminals are caught, they are set free.
Another government failure to protect its citizens.
Judges should be made personally responsible, and governments sued for any crimes that are committed by the people they release.
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