Two men who picked up a drunk woman outside a Northbridge pub and took turns to rape her on the back seat of a car in Kings Park have been again jailed for five years.

Mohamad Al Maialy and Fahed Shgahy were each found guilty of aggravated sexual penetration without consent over the April 2015 assault following a retrial earlier this month.

The woman had been drinking with friends at the Elephant and Wheelbarrow pub but was alone when she was approached by Al Maialy, 25, and Shgahy, 24, in the early hours outside the venue.

Now aged 28, the woman testified she sat in the back of a car and the next thing she remembered was a man on top of her at Kings Park.

She then remembered looking for the phone in the back seat. Al Maialy called the phone but it was not found until later by Shgahy, who kept it.

The woman was then dropped back to Northbridge where she was found by another man “very distressed, crying and shaking”.

She was taken to a police station where a urine sample recorded an alcohol reading of 0.292.

Both men claimed the sex was consensual, but District Court Judge Stephen Scott found the victim was so intoxicated that she was incapable of giving her consent.

“Rather than show any concern for her condition, for example, by calling her a taxi so that she might get home safely, you each seized upon the opportunity of having sex with her in Kings Park,” Judge Scott said.

Judge Scott said women were entitled to enjoy themselves without being preyed upon.

“They should be able to socialise and if they have by chance had too much to drink, they ought to be able to be transported home safely,” he said.

“Those who would prey upon their vulnerability can expect to be severely punished.”

Al Maialy and Shgahy were sentenced to five years in jail after a trial in 2016 but the WA Court of Appeal quashed their convictions earlier this year, finding the prosecutor made “ill-advised” comments about the Middle Eastern offenders in his closing address.

His comments included likening the men to “vultures” and “hyenas on the savannah in Africa waiting to pick on the most vulnerable animal, helpless and alone”.

Former Chief Justice Wayne Martin found the remarks had the capacity to “evoke notions of racial prejudice against the accused and sympathy for the complainant”.

With time already served, Shgahy, whose sentence was backdated to September 2015, is already eligible for parole.

Al Maialy will become eligible for parole in August 2020.