A DELIVERY van driver who sexually assaulted a Rossendale woman at a house party – then blamed it on a sex-related sleeping condition – has lost a High Court appeal.

Alan Walker was convicted at Burnley Crown Court of molesting his 30-year-old victim after a social gathering at a home in the valley in January 2011.

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The woman awoke to find Walker groping her, even though her boyfriend was asleep just yards away. He was later ejected from the house.

Walker, then of Nook Farm Avenue, Rochdale, was found guilty of assault by penetration and given a two-year custodial sentence.

He claimed he was acting under the influence of “sexsomnia”, an involuntary sleep-related condition which caused sufferers to unwittingly behave in a sexual manner.

Lawyers acting on Walker’s behalf later lodged an appeal, claiming that trial judge Recorder Nicholas Clarke QC had misdirected the jury over the defendant’s previous convictions.

In evidence at the trial, it was submitted by the defence that while Walker had convictions for burglary and assault, his last recorded offence was in 1988.

Henry Blaxland QC, for Walker, said that because evidence of his past behaviour had not been brought forward by the prosecution, he was entitled to a modified “good character” direction by the judge.

He also insisted the jury should not have been asked to place weight on whether his past convictions had a bearing on his account at trial.

Dismissing Walker’s appeal, the Lord Chief Justice, Lord Thomas said the claim that Walker should be entitled to a good character direction, as the Crown had not sought to highlight his past behaviour, was “fallacious”.

“We conclude that, even if there had been a misdirection, it had no effect on the conviction,” said Lord Thomas.

“There could be no doubt that he had sexually touched the complainant whilst she was asleep. And although at trial his defence was that he had a sleep disorder, that was directly contrary to the answers which he had given in his police interview.”