This is a rather old story and the outcome a little different than it might suggest.
In particular, and firstly, what the article relates is merely the fact that the appellate judge in question agreed that this disgusting turd had the right to appeal his sentence; that is all.
Secondly, this disgusting turd eventually got a reduced sentence on his appeal, but for a different reason: that he was suffering from post traumatic stress syndrome as a result of his brutal upbringing in Afghanistan, as per this article
AN Afghan refugee who raped two women within a week in 2008 has won a reduced sentence because of his traumatic upbringing.
Esmatullah Sharifi, 32, was originally sentenced to 14 years jail in April 2012, with a minimum of 11 years, for the rape of two women in late December 2008.
The first victim was a woman he offered a lift to outside a night club in Frankston.
The second was a woman from whom he asked directions on Christmas day.
But the Court of Appeal today cut the minimum sentence to eight years and six months after accepting he suffered from post-traumatic stress disorder after a brutal upbringing in Afghanistan.
"Although (the sentencing judge) accepted that the appellant suffer[ed] from a post-traumatic stress disorder, as a result of [his] experiences in Afghanistan and consequent depression and anxiety, his Honour does not appear to have related this finding to the burden of imprisonment upon the appellant,'' the Court of Appeal ruled.
I do not know - and didn't search to find out - if this result was further appealed by the prosecutor involved. However, from this it would appear that as a matter of law the old rule is still in place and the issue emphasized in the original article - a lack of understanding about the full human status of women - has not been adopted into Australian common law.