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Choking, Suffocation and Strangulation

Choking, Suffocation and Strangulation is an offence under Section 37 of the Crimes Act 1900 which carries a maximum penalty of 5 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You choked, suffocated or strangled another person
  2. You did so intentionally, and
  3. You did not have the other person’s consent to do so

The maximum penalty increases to 10 years in prison where you rendered the person unconscious, insensible or incapable of resistance, and you were reckless as to rendering them in that state.

The maximum increases to 25 years where you rendered the other person unconscious, insensible or incapable of resistance, and you did so in order to commit an indictable offence which is generally an offence attracting a maximum penalty of more than 2 years in prison.

Defences to the charge include:

  1. Self defence, and
  2. Duress

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