Strangulation
In Queensland, choking, suffocation or strangulation in a domestic setting is recognized as a grave offence due to its potential to cause severe injury or death. This act is addressed under Section 315A of the Criminal Code Act 1899.
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Legal Definition and Penalties
Section 315A stipulates that a person commits a crime if they unlawfully choke, suffocate, or strangle another person without their consent, and the act occurs within a domestic relationship or is associated with domestic violence as defined by the Domestic and Family Violence Protection Act 2012. The maximum penalty for this offence is 7 years imprisonment.
Understanding the Act of Strangulation
The terms “choke,” “suffocate,” and “strangle” are not explicitly defined within the legislation. However, precedent decisions in case law, such as in R v HBZ [2020] QCA 73, clarify that “choking” involves hindering or restricting the victim’s breathing, not necessarily stopping it entirely. This interpretation underscores the seriousness of any pressure applied to the neck that affects respiration.
Legal Consequences of Strangulation Charges
Being charged under Section 315A carries significant legal repercussions, including potential imprisonment for up to 7 years. These charges often intersect with other legal matters, such as Domestic Violence Orders (DVOs). Courts consider factors like the intent behind the act, the context of the relationship between the parties, and any mitigating circumstances when determining penalties. Early legal intervention is crucial to navigate these complexities and protect your rights.
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Steps to Take if Charged with Strangulation
Navigating Your Defence with Bazzi Law
Book a ConsultationAvoid Contact
Do not contact the complainant or any prosecution witnesses directly or indirectly.
Seek Legal Advice
Obtain immediate legal counsel from an experienced criminal lawyer.
Court Representation
Strong representation in court, managing all aspects of the legal proceedings.
Provide Documentation
Share all relevant information with your lawyer, including any associated DVO applications.
Comply with Legal Directives
Adhere strictly to bail conditions and court instructions.
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View more InsightsFrequently asked questions
What exactly constitutes choking, suffocation, or strangulation under Queensland law?
In Queensland, the law was amended in 2024 to clarify that choking, suffocation, or strangulation includes applying pressure to a person’s neck that completely or partially restricts their respiration, blood circulation, or both. Even brief contact with the neck lasting only a few seconds can be construed as strangulation, as demonstrated in a District Court case where an offender was convicted for acts lasting just three and six seconds
What penalties can I expect if convicted of a strangulation offence?
The maximum penalty for strangulation in Queensland is seven years imprisonment. According to the Queensland Sentencing Advisory Council, between 2016 and 2018, over 97% of offenders convicted of strangulation received a term of imprisonment, with 79% serving actual custodial sentences rather than suspended sentences. Courts treat this offence very seriously, with imprisonment not considered a last resort even for first-time offenders
Can I defend myself against a strangulation charge?
Yes, there are several possible defences including accident, self-defence, and mistaken identity. However, it’s important to note that provocation cannot be raised as a defence for strangulation or choking offences. The prosecution must prove beyond reasonable doubt that you had intention, the act was unlawful, and it occurred within a domestic relationship or was associated with domestic violence
How will a strangulation charge affect my Domestic Violence Order status?
If charged with strangulation, police can apply for a temporary Protection Order or Domestic Violence Order against you. Even before a final order is made, you may be served with a Police Protection Notice which you must comply with or face additional charges under section 178 of the Domestic and Family Violence Protection Act 2012, carrying penalties of up to 120 penalty units or 3 years imprisonment. While the Order itself is civil and doesn’t appear on your criminal history, breaching it will result in criminal charges.