The maximum penalty for the offence of “intentionally choke etc person with recklessness”
According to the Judicial Commission of NSW, the actual penalties imposed for the offence are as follows:
Local Court
Section 37(1) intentionally choke, etc person with recklessness
- Prison: 46.4%
- Suspended Sentence (no longer available): 22.7%
- Section 9 Bond (now community correction order): 15.5%
- ICO: 8.3%
- Community Service Order (now community correction order): 5.5%
- Fine Only: 1.1%
- Section 10(1)(b)&(c) Bond: 0.6%
The average prison sentence for the offence is 15.4 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 8.6 months in prison.
District and Supreme Court
Section 37(1) intentionally choke etc person with recklessness
- Prison: 88.9%
- Suspended Sentence (no longer available): 5.6%
- ICO: 5.6%
The average prison sentence for the offence is 39.2 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 16.2 months in prison.
Section 37(1) attempt to intentionally choke etc person with recklessness
- Prison: 100%
The average prison sentence for the offence is 21 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 12 months in prison.