14 / 1 / 2025

NEW CHOKING LAWS IN WA

The Western Australian Government recently announced that the act of suffocation and strangulation would be punishable as a criminal offence. This brings the state into line with most other Australian States and Territories. The term ‘choking’ is interchangeably used and is often used to describe acts of both suffocation and strangulation. In introducing a raft of measures to combat family violence, the West Australian Government criminalised choking as a means to combat family and domestic violence.

Pursuant to section 298 of the WA Criminal Code, a person commits a crime if the person unlawfully impedes another person’s normal breathing, blood circulation, or both, by manually, or by using any other aid —

  1. blocking (completely or partially) another person’s nose, mouth, or both; or
  2. applying pressure on, or to, another person’s neck.

If found guilty, the offender will face a term of imprisonment of 7 years if committed in a circumstance of aggravation, or in any other case 5 years. A summary conviction would reduce this penalty to 3 years and a $36,000 fine if aggravated or 2 years and a $24,000 fine in any other case.

Circumstances of aggravation will include whether a family relationship existed between the accused with the victim or whether children were present at the time of the alleged offending. Further, determining whether this matter can be heard summarily will depend on a range of factors. In negotiating this outcome, lawyers will need to consider the severity of the injuries, if medical attention was required and the nature of the offence generally.

Another feature of this provision is an alternative charge of assault, pursuant to section 313 of the Criminal Code. Again, there are many factors at play whether the prosecutor would consider this alternate charge. Given that suffocation and strangulation are not necessarily defined under the Criminal Code, prosecutors would need to substantiate that the acts performed on the victim outlined in section 298 meet the requisite threshold of an act constituting suffocation or strangulation. If the requisite threshold cannot be met and a charge for assault is preferred, the sentencing range will be 3 years and a $36,000 fine if committed in aggravating circumstances, or alternatively 18 months and a $18,000 fine.

If you or someone you know is charged with a choking offence it is essential you receive advice from an experience criminal defence lawyer at any early stage. As leaders in criminal defence, we are specifically trained to assist and negotiate on your behalf to ensure the best possible outcome.

To discuss your options, call Hugo Law Group in Perth, WA (08 6255 6909), Sydney (02 9696 1361), Canberra ACT (02 5104 9640), or Northern NSW (02 5552 1902) to make an appointment to speak to one of our lawyers.

Jack Hudson

Jack Hudson

Jack joins Hugo after a near decade experience in the law enforcement sector. He has operated and led response teams in high risk and critical situations and is renowned and respected for his disciplined and calm approach. Most recently, Jack was employed at the Office of the Director of Public Prosecutions (WA) where he supported prosecutors in serious and complex criminal matters, consolidating his knowledge and expertise in Criminal Procedure and Practice.