Former ADFA cadet Harlan Agresti, who was last year found guilty of raping a fellow cadet in her quarters after a night out in Civic, has had his conviction set aside on appeal.
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In unusual circumstances, the ACT Court of Appeal handed down its decision on the same day the appeal was heard.
It was also the Newcastle man's 22nd birthday.
Agresti was 18 in April 2013 when, after a Saturday night out in Civic with other cadets, he escorted the woman in a taxi back to their quarters at ADFA. He did not deny that they had sex, but a jury found him guilty in September 2015 of raping the woman in her room.
He was sentenced in February this year to two years and four months in prison, with 10 months to be served full time. He was due to be released in December.
"Harlan has always asserted that he was innocent of these allegations," Agresti's lawyer Greg Walsh said outside the ACT Supreme Court on Tuesday.
"As you've heard from the court today, it's an unusual thing for the court to return a verdict of quashing the verdict, and upholding the appeal on the day the appeal's been heard," Mr Walsh said.
"Harlan's very relieved. He's gone through a very difficult time, going through custody as a young man.
"He's just looking forward to going home and spending some time with his beloved family. His mum and dad and all the family here have been so supportive, they just want him to go home and have some time with his family."
Mr Walsh was joined in Agresti's Sydney-based defence team by silk Hament Dhanji, SC, and another barrister Georgia Huxley.
The courtroom's public gallery was filled with members of his family. His mother cried on hearing the decision.
"I'm just glad everyone was here to support me, that's the only thing to be happy about in this situation," Agresti said outside court after he was granted bail to return home to Newcastle.
It is unknown whether Agresti, a former school captain at his Newcastle high school, will rejoin the academy.
"ADFA obviously took a certain view about the matter," Mr Walsh said. "He was basically expelled from ADFA, which I thought was very unjust, he's now had his conviction quashed, so that's something we've got to give serious consideration to."
The appeal, heard by Justices Richard Refshauge, John Burns and Darryl Rangiah, centred on arguments around consent. Was there consent at all? Was the woman's consent freely and voluntarily given, or did her intoxication vitiate any consent that was given?
There were alternative paths to a guilty verdict, the court heard.
One was that the woman was at times unconscious, and so unable to give consent. But there were questions around whether the woman was slipping in and out of consciousness, or suffering memory lapses.
Another was that she was too intoxicated to give consent, but again, there were difficulties drawing that conclusion on the available evidence, the court heard.
The case came down to the Crown's burden of proving guilt beyond reasonable doubt, Mr Dhanji said.
The judges set aside the conviction and sentence.
The matter will return to court at a later date to hear to whether a new trial will be ordered, or a verdict of acquittal entered.
