A curry delivery man who raped a woman at her home went back the next day to apologise, but she was out reporting the attack to police, a court has heard.
A NSW District Court jury in June found Amit Hamal guilty of having sexual intercourse without consent on July 16, 2010.
The 21-year-old married Nepalese national had delivered an Indian takeaway meal to the 44-year-old woman's Rose Bay home in eastern Sydney when the attack occurred.
The woman's husband had ordered the meal at 7pm, but the curry did not arrive until 9.14pm.
By that time, the woman had gone to bed and her husband had fallen asleep on the couch in front of the television.
The door had been left ajar, but Hamal rang the doorbell twice, then entered when no one answered.
As he was leaving Hamal saw the victim sleeping in the bedroom and had sex with her for nine minutes while her husband slept just five metres away.
Initially, the woman thought the man was her husband, but she reported the matter to police the next day.
In a sentencing submission at Sydney's Downing Centre District Court, defence barrister Charles Waterstreet argued his client's offending in a "moment of weakness and opportunity" was at a low level.
He argued Hamal had shown contrition by attempting to apologise.
"He attended the complainant's home in order to apologise ... the complainant had been at the police station," Mr Waterstreet said.
"He rang the complainant the next day."
Mr Waterstreet said Hamal went to a doctor to be prescribed anti-depressants after committing the crime.
"It speaks of a man under enormous stress," he said.
But crown prosecutor Michael O'Brien said: "Of course he was under enormous stress - he just committed a serious offence and he knew he had committed a serious offence."
The crown argued it was a more serious mid-range offence, asking for a seven-year non-parole prison term.
"There's no contrition on the part of the offender," Mr O'Brien said.
"The man feels very depressed about the matter, but there's no evidence he feels sorry for the person he should feel sorry for."
Judge Laura Wells said Hamal had not fully acknowledged his wrongdoing.
"What's concerning is there's no acceptance by him that he has broken the law," she said.
The court heard Hamal had a troubled childhood in Nepal, was sent away to live at a hostel at the age of 12, and later became a heavy user of alcohol and cannabis.
Outside the court, Mr Waterstreet said Hamal's interpreter had wrongly stated that his client was a member of the deposed Nepalese royal family.
He said Hamal's father ran a Nepalese bathroom tile factory.
Judge Wells adjourned the sentencing until August 31.
The conviction could jeopardise Hamal's chances of gaining permanent residency in Australia.
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