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.
According to the Judicial Commission of New South Wales, the penalties imposed for the offence are:
In the Local Court
Intentionally choke, etc person with recklessness – section 37(1)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Conditional Release Order Without Conviction | 5 | 2.8% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 1 | 0.6% |
| Community Correction Order | 38 | 21.2% |
| Intensive Correction Order | 51 | 28.5% |
| Imprisonment | 84 | 46.9% |
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.
Intentionally choke, etc person without consent – section 37(1A)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 1 | 0.1% |
| Conditional Release Order Without Conviction | 27 | 2.2% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 14 | 1.1% |
| Conditional Release Order with Conviction | 8 | 0.7% |
| Community Correction Order | 427 | 35% |
| Intensive Correction Order | 303 | 24.8% |
| Imprisonment | 441 | 36.1% |
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
Intentionally choke, etc person with recklessness – section 37(1)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 2 | 5.3% |
| Imprisonment | 36 | 94.7% |
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.
Intentionally choke, etc person without consent – section 37(1A)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 1 | 6.3% |
| Intensive Correction Order | 2 | 12.5% |
| Imprisonment | 13 | 81.3% |
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.
Intentionally choke, etc person with intent to commit indictable offence – section 37(2)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 6 | 100% |
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.