Section 37 Crimes Act 1900 | Attempt to Choke


Attempts to choke another person are taken very seriously by the courts as they can result in serious physical injury or death.

However, with the help of our criminal law specialists, you can take positive steps to fight the allegations against you, no matter how serious the charges are.

A good first step in fighting the charges is to familiarise yourself with the law and what it means for you.

Section 37 of the Crimes Act 1900 contains an offence for attempts to choke another person.

It says that where you make any attempt to choke, suffocate or strangle another person with the intention to enable an indictable offence to be carried out, either by yourself or by another person, you could face a maximum penalty of 25 years imprisonment.

An ‘indictable offence’ is any offence which carries a penalty of at least 5 years’ imprisonment.

Examples include assault occasioning actual bodily harm, sexual assault, murder and so on.

While the penalty under section 37 is obviously very high to reflect the seriousness of the offence, it’s important to remember that it is a maximum rather than a mandatory penalty and as such it will only apply in the most serious cases.

The type of penalty you will receive will depend on the facts and circumstances of your case; for example, your matter is likely to be treated more seriously where you cause someone to lose consciousness.

However, our highly experienced criminal defence team can assist you in avoiding these harsh penalties by giving you the strongest possible defence against the charges and presenting your case in the most positive light.

We go above and beyond in every case to ensure that our clients get the best possible result, no matter how serious the charges are.

The Legislation

Section 37 of the Crimes Act 1900 deals with the offence of choking and reads as follows:

37 Attempts to choke etc (garrotting)


by any means attempts to choke suffocate or strangle any person, or

by any means calculated to choke suffocate or strangle, attempts to render any person insensible unconscious or incapable of resistance,

with intent in any such case to enable himself or herself or another person to commit, or with intent in any such case to assist any person in committing, an indictable offence,

shall be liable to imprisonment for 25 years.

Why Sydney Criminal Lawyers?

When you’ve been charged with an offence such as “attempt to choke,” it’s important to have the best criminal defence team on your side.

At Sydney Criminal Lawyers, we are consistently achieve outstanding results in these kinds of cases by taking the time to examine all the evidence carefully.

Often, there are mistakes or inconsistencies with the prosecution case, and, if identified at an early stage by our criminal law specialists, we can ask to have the charges dropped outside of court, saving you time and money.

We will also take the time to listen to your side of the story so that we can accurately advise you of any defences to the charges which could explain your actions – for example, where you were acting in self-defence.

If your matter proceeds to a criminal trial, our senior lawyers will work with Sydney’s leading barristers to protect your rights.

We can also assist you where you simply wish to plead guilty; in these situations our experienced advocates will present compelling sentencing submissions which highlight positive factors such as your good character in order to ensure that you receive a lenient penalty.

So when you’re facing criminal charges in relation to choking, trust only the best. Call Sydney Criminal Lawyers today on (02) 9261 8881 and book your FREE first conference to discuss your matter with one of our specialists.