Paolo Barone, 51, took the photos while he was travelling home from his shift on September 15, 2022.
He boarded a train from Blackfriars to St Albans in his work uniform then repeatedly took photos of the sleeping woman throughout his 45 minute journey.
When CCTV revealed what Barone had done, he was arrested at his home in High Wycombe and told police “it is not something I see every day and she has her legs up on the seat and she is wearing a very short skirt and her pants were on display.”
When asked why he took the photos, he said: “It is not something I see every day … I was probably going to send it to a colleague who might appreciate it more than I did.”
Barone was found guilty of voyeurism last April and was sentenced to three months in prison suspended for 12 months.
But Barone has since attempted to challenge his conviction.
He argued that the woman’s underwear was “on display” due to how she was sitting, and that this was therefore not an “upskirting” offence.
But on February 11, appeal judge Lord Justice Stuart-Smith described this assertion as “outrageous”.
He said: “As the photographs and CCTV clearly show the applicant obtained his view and images of C’s private parts by placing himself and his camera in specific positions that would enable him to see through to her private parts.
“His use of the phrase “on display” is as inaccurate as it is outrageous. As we have said, her lower legs and feet provided a significant barrier to intrusive and prying eyes.
“The most that could be said was that, if other people had shared the applicant’s inclination, they too could have manoeuvred themselves to a position where they could see aspects of C’s private parts.
“It is simply wrong to suggest that persons in other parts of the carriage, or who did not pass directly by C and adopt the same position as the applicant, could see C’s private parts, let alone to assert that they were ‘on display’.”
Barone’s appeal was dismissed and he will remain on the sex offenders register for seven years.
When Barone was convicted Jean Cockerill, People Director for Govia Thameslink Railway, said: “We were shocked and appalled to learn about this incident.
“As soon as we were made aware we followed our internal procedures, which included suspending the individual as soon as he was identified.
“We hold our colleagues to the highest standards of conduct and this type of behaviour will never be tolerated.
“We thank the person for their courage in coming forward and reporting this crime, and we encourage anyone who experiences or witnesses this type of behaviour on the railway to report it to the British Transport Police.”
