Livas v The Queen

The appellant, Livas, appealed to the Court of Criminal Appeal of New South Wales against his conviction for sexual intercourse without consent. The central issue on appeal concerned whether the consent obtained from the complainant was vitiated by fraudulent misrepresentation, and whether the sentencing judge erred in imposing a period of immediate full-time imprisonment, considering the objective seriousness of the offence.

The Court was required to determine whether the appellant's conduct amounted to sexual intercourse without consent, specifically addressing the legal effect of consent obtained through fraudulent misrepresentation. Furthermore, the Court had to assess the appropriateness of the sentence imposed, considering the objective seriousness of the offence and whether the sentencing judge had made any errors in this regard.

The Court reasoned that consent obtained by fraudulent misrepresentation does not constitute valid consent in law. It applied established legal principles concerning the vitiation of consent, finding that the appellant's misrepresentations were of a nature that went to the very foundation of the sexual relationship, thereby rendering the complainant's consent invalid. In relation to sentencing, the Court found no error in the sentencing judge's assessment of the objective seriousness of the offence and the subsequent imposition of a period of immediate full-time imprisonment.

The appeal was accordingly dismissed.