The maximum penalty for the offence of choking, suffocation and strangulation is 5 years in prison.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
In the Local Court
The most common penalty imposed for intentionally choke, etc person with recklessness under section 37(1) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then conditional release order without conviction, then conditional release order with conviction.
The average full term prison sentence imposed for the offence is 23 months and the average non-parole period (the minimum term in prison) is 11 months.
The most common penalty imposed for intentionally choke, etc person without consent under section 37(1A) of the Crimes Act is imprisonment, followed by community correction order, then intensive correction order, then conditional release order without conviction, then fine only, then conditional release order with conviction, then section 10(1)(a) dismissal.
The average full term prison sentence imposed for the offence is 18 months and the average non-parole period (the minimum term in prison) is 9 months.
In the Higher Courts
The most common penalty imposed for intentionally choke, etc person with recklessness under section 37(1) of the Crimes Act is imprisonment, followed by intensive correction order.
The average full term prison sentence imposed for the offence is 5 years and the average non-parole period (the minimum term in prison) is 3 years.
The most common penalty imposed for intentionally choke, etc person without consent under section 37(1A) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order.
The average full term prison sentence imposed for the offence is 3 years and the average non-parole period (the minimum term in prison) is 22 months.
The most common penalty imposed for intentionally choke, etc person with intent to commit indictable offence under section 37(2) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 5.5 years and the average non-parole period (the minimum term in prison) is 3 years.
For expert advice and formidable legal representation from an experienced team of specialist criminal defence lawyers, call Sydney Criminal Lawyers on (02) 9261 8881 to arrange a conference and let Australia’s Most Awarded Criminal Defence Law Firm fight for the optimal outcome in your case.