CHOKING, SUFFOCATION OR STRANGLING OFFENCES IN THE ACT

The act of choking, suffocation or strangulation is punishable in the ACT under the Crimes Act 1900. In the ACT there are two kinds of choking, strangling or suffocation offences:

• Choke/strangle/suffocate simpliciter (s28)
• Choke/strangle/suffocate simpliciter rendering insensible or unconscious (s27)

Choke/strangle/suffocate simpliciter -s 28

To satisfy that you have committed an act of choking, suffocation and strangling (part of a broader category of offences under the heading “acts endangering health”), the prosecution must prove you:

1. Intentionally and unlawfully –
2. Choked, suffocated or strangled another person

Was your act intentional?

For this act to have been intentional, you need to have made the decision to bring about an act of a particular kind or particular result – this being choking, suffocating or strangling.

Did you choke, suffocate or strangle another person?

Section 27 of the Crimes Act 1900 provides a definition for these acts that must be satisfied for a prosecution to prove you have committed an offence under s27.

• Choke: a person, includes applying pressure, to any extent, to the person’s neck.

• Strangle: a person, includes applying pressure, to any extent, to the person’s neck.

• Suffocate: a person, includes the following:

1. Obstruct, to any extent, any part of the person’s –

1. Respiratory system; or
2. Accessory systems of respiration

1. Interfere, to any extent, with the operation of the person’s –

1. Respiratory system; or
2. Accessory systems of respiration.

1. Impede, to any extent, the person’s respiration.

Can you go to gaol for choking, suffocation or strangling that endangers health?

If all the elements are satisfied, and the offence is found to be aggravated (in a family violence circumstances), the maximum penalty is 7 years imprisonment. If the offence is not aggravated the maximum penalty is 5 years imprisonment. The sentence that would ultimately be imposed will vary depending on a variety of factors including when/if you pleaded guilty, your criminal history and the facts of the case. If convicted there is a prospect of receiving a goal sentence.

Choke/strangle/suffocate rending insensible or unconscious -s 27

To satisfy that you have committed an act of choking, strangling or suffocation (part of a broader category of offences under the hearing “acts endangering life”), the prosecution must prove you:

1. Intentionally and unlawfully –
2. Choked, suffocated or strangled another person,
3. So as to render them insensible or unconscious or,
4. By any other means, render another person insensible or unconscious

The elements of intention and unlawfulness are satisfied in the same way as acts endangering health.

Did you render them insensible or unconscious?

The clear distinction between s28 vs s27 offence is that in for s27 offences a complainant must also be rendered insensible or unconscious.

For you to have rendered them insensible or unconscious you must have made them or caused them to be devoid of consciousness (unaware) or unresponsive and incapable of feeling.

Can you go to gaol for choking, suffocation or strangling that endangers life?

If all of these elements are satisfied, and the offence is found to be aggravated (family violence circumstance), the maximum penalty is 13 years imprisonment. If the offence is not aggravated the maximum penalty is 10 years imprisonment. If convicted of this offence a sentence of imprisonment is likely.

Angelica Gordon