Mark Ross, 49, was sentenced at the Ballarat Magistrates' Court on Wednesday. The prosecution had alleged Ross had been drinking heavily that night when he and his partner argued about his level of intoxication.

She dropped him home "to sleep it off" sometime after 9pm, where Ross is believed to have continued drinking before travelling to The George Hotel.

The court was told footage from the club showed Ross was clearly intoxicated in the early hours of January 26, 2018 - stumbling on the dance floor, dancing with strangers and at one point falling over. At one point he approached a woman, put his hand up her dress and touched her underwear on or near her vagina for several seconds.

The court heard the complainant was immediately distressed by what had occurred, telling an acquaintance and then a security guard and later police.

On Tuesday she read her victim impact statement to the court, describing her ongoing distress and how the incident had impacted her ability to feel safe and trust other people.

The court heard Ross had been facing a rape charge for three years before it was withdrawn and downgraded to a sexual assault charge earlier this year. He pleaded guilty to that charge on Tuesday.

On Wednesday morning defence barrister Janine Perlman submitted Ross was "so ashamed of his behaviour" and the drawn out judicial process had serious ramifications on all aspects of his life - from his mental health to his reputation and his relationships.

"He has carried a sentence with him since the early hours of that morning. No matter what order a court makes, it cannot be said he has got off lightly because these four years have been a nightmare for him.

"It was a three second period of the kind of inappropriate behaviour that should never happen - it has ruined his life, but not completely."

In providing the sentence later on Wednesday, Magistrate Letizia Torres said "it goes without saying that people have a right to go out and enjoy themselves without being groped by a drunk.

"It also goes without saying that people are responsible for how much they choose to drink and what they do in that diminished state."

She added that while the justice system would hold him accountable for his actions, she accepted the submission of how intoxicated Ross was on the night.

"Having seen the footage, I'm not surprised his recollection of the night is so poor."

The court heard the qualified and experienced panel beater had no prior convictions of any nature and was "extremely well regarded" by colleagues, friends and family.

Magistrate Torres said a counselling report indicated Ross had abused alcohol during times of stress and pressure.

"He openly admitted in the past that once he started drinking he found it difficult to stop. At the time of the offence his drinking was not under control and it was because of his excessive drinking that he argued with his partner and went out on his own."

The court heard Ross had been undergoing counselling for mental health issues and alcohol abuse and intended to continue the treatment to ensure "nothing like this happens again".

"I accept Mr Ross is remorseful and ashamed about his conduct... and feels terrible for the pain he has caused the victim as well as feeling embarrassed and distressed by his own experience of this prosecution."

Magistrate Torres did not consider his guilty plea to be late given certain circumstances but said delay was a significant issue.

"He faced a rape charge and the potential consequences of that for three years and there is no doubt this would have caused a considerable emotional burden as well as a strain on his relationships and his life. There is also the financial burden of such lengthy legal proceedings."

Due to the "unusual circumstances of the case" around the sexual assault, Magistrate Torres decided not to record a conviction and instead imposed a $1000 fine.

Given his good behaviour since the offending she did not find it necessary to mandate treatment.

"Though I am aware that a finding of guilt for sexual assault and publication of this case are likely to have negative ramifications anyway."

Affected by this story? There is help available. You can phone the Ballarat Centre Against Sexual Assault, in Sebastopol, on 5320 3933, or free-call the crisis care line 24 hours on 1800 806 292. Or phone Lifeline on 13 11 14.

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