Sexual intercourse without consent where consent is vitiated by fraud (rather than violence) remains a serious offence warranting immediate full-time custody. While the manner of vitiation of consent is relevant to the gradation of seriousness within the offence, it does not preclude a sentence of immediate imprisonment. Sentencing judges must consider the gradations of seriousness within the offence category, including the manner of vitiation of consent, but are not required to treat fraud-based vitiation as categorically less serious than violence-based vitiation.
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