Federal Court of Australia
CATCHWORDS
Criminal Law - Rape and Buggery - Appeal Against Sentence - Evidence Which Can Be Looked At ~ Mitigating Circumstances -
Relevance of Plea of Guilty
ROBERT GLENN SCHUMACHER v THE QUEEN
No. ACT G 2 of 1980
CORAM. Fox ACJ, Blackburn and Sheppard JJ
25th June, 1981
Canberra
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY No. ACT G 2 of 1980
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
ROBERT GLENN SCHUMACHER
Appellant THE QUEEN Respondent ORDER JUDGES MAKING ORDER: Fox ACJ., Blackburn and Sheppard JJ. DATE OF ORDER: 25 June 1981 WHERE MADE: Canberra
THE COURT ORDERS THAT: 1. The appeal be allowed.
2. <A sentence of 7% years imprisonment for the crime of rape be substituted.
3. The sentence for the crime of buggery be confirmed.
4. The sentences be served concurrently.
5. Non-parole period of 3% years is fixed.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G 2 of 1980
DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
ROBERT GLENN SCHUMACHER
Appellant
THE QUEEN Respondent
CORAM: Fox ACJ, Blackburn and Sheppard JJ
The 25th day of June 1981. Canberra Fox ACJ. REASONS FOR JUDGMENT
This is an appeal against the severity of a sentence imposed by the Supreme Court of the Australian Capital Territory. The appellant pleaded guilty in the Court of Petty Sessions and before the Supreme Court to a charge of rape and a charge of buggery, the offences being committed against the same person on the same occasion. The learned judge imposed a sentence of imprisonment of 9% years on the charge of rape, and one of 5 years on the charge of buggery, the sentences to be served concurrently, with a non-parole period of 5 years. Section 79 of the Crimes Act 1900 of the State of New South Wales, in its application to the Territory, provides that the minimum term of imprisonment
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