A fake rideshare driver who sexually assaulted a teenage girl in a dark Melbourne street has abandoned his appeal against his prison sentence.
Faizan Abdullah was in June jailed for 15 months after he pleaded guilty to sexually assaulting the 17-year-old.
The 29-year-old pretended to be an Uber driver to lure the girl into his car before driving the teen to a dark isolated street and sexually assaulting her on February 7 last year.
The 17-year-old repeatedly told Abdullah to stop but he moved away only when he heard a loud noise nearby.
He also denied the offending to police, instead blaming the victim for leading him on.
Abdullah also pleaded guilty to possessing child abuse material after he was found with 69 images and videos.
The Pakistani citizen on Monday made an application to appeal the length of his sentence because a jail term of 12 months or more prevented him from renewing his student visa.
County Court Judge Helen Syme accepted the risk of deportation made jail more burdensome, but she said the sentence Abdullah received in the magistrates court was "very mild indeed".
The sexual assault was violent and aggressive, and only stopped because of outside involvement, Judge Syme said.
The charge of possessing child abuse material was also very serious and not a victimless crime, the judge said.
The magistrate had taken into account in an "overly generous way" Abdullah's prior good character, his plea and risk of deportation, Judge Syme noted.
She warned the 29-year-old he would run the risk of receiving a longer jail term if he continued with his appeal.
His lawyer Julien Lowy told the court Abdullah would instead withdraw his application and the appeal was struck out.
Abdullah, who already served his 15 months in custody, is now facing deportation.
