NSW REFORM OF CHOKING, SUFFOCATION AND STRANGULATION OFFENCES
Federal, State and Territory governments in Australia have long associated Choking, Suffocation and Strangulation Offences as being associated with domestic violence. The NSW Domestic Violence Death Review Team’s research showed a link between strangulation and domestic homicide. Established in 2010 under the Coroners Act 2009 (NSW), the NSW Domestic Violence Death Review Team reviews deaths occurring in the context of domestic violence in NSW. With the aim of reducing domestic violence and homicide being a key policy of parties and politicians across the political spectrum, both within and outside of government, and evidence from agencies and bodies such as the NSW Domestic Violence Death Review Team linking Choking Suffocation and Strangulation Offences with domestic violence and homicide, reform has occurred by Choking, Suffocation and Strangulation offences being regarded and dealt with increased seriousness.
If you or someone you know has been accused of a Choking, Suffocation and Strangulation Offence, contact us immediately to have a free consultation with our expert criminal lawyers, so that we may plan to obtain the best possible outcome.
CHANGES TO THE CRIMES ACT 1900 (NSW) WITH REGARD TO CHOKING, SUFFOCATION AND STRANGULATION OFFENCES
Statistics show that more than 25% of homicide victims killed by an intimate partner had been choked or strangled by the abuser in a previous attack. Such statistics were mirrored by concerns raised by the Domestic Violence Death Review Team of Section 37 of the Crimes Act 1900 (NSW), that the commission of the Offence of Choking, Suffocation and Strangling under Section 37 required the alleged perpetrator to render the victim unconscious, insensible or incapable of resistance.
The latter burden and the arising difficulties in proving the occurrence of a Choking, Suffocation and Strangling offence were considered the main reasons as to why many alleged instances of choking, suffocation and strangling-related offences were in fact being dealt with through alternate charges of common assault or assault occasioning actual bodily harm.
As such, the then-NSW Government reformed the law and inserted Section 37 (1A) into the Crimes Act 1900 (NSW), which made it an offence if the person intentionally chokes, suffocates or strangles another person without the other person’s consent. Under this provision, it is not required that the Offence of Choking, Suffocation and Strangling be committed in a way that renders the victim unconscious, insensible or incapable.
WIDER IMPACT OF THE LAW
It is important to note that whilst NSW Parliament’s intention to reform the law was focused on the issue of domestic violence, it does not need to be a domestic violence situation for the offence to have been committed. The offences may be committed by and against people of different types of relation or of no relation to each other, although it is quite commonly associated with domestic violence situations.
WHAT IF I AM CONVICTED OF A CHOKING, SUFFOCATION AND STRANGLING OFFENCE?
If you find yourself convicted of the Offence of Choking, Suffocation and Strangling under Section 37 (1A) of the Crimes Act 1900 (NSW), you face a maximum term of up to 5 years imprisonment.
If you find yourself convicted of the Offence of Choking, Suffocation and Strangling under Section 37 (1) of the Crimes Act 1900 (NSW), which involves rendering the other person unconscious, insensible or incapable of resistance, and a recklessness as to rendering the other person unconscious, insensible or incapable of resistance, you face a maximum term of up to 10 years imprisonment.
If you find yourself convicted of the Offence of Choking, Suffocation and Strangling under Section 37 (2) of the Crimes Act 1900 (NSW), which involves choking, suffocating or strangling another person so as to render the other person unconscious, insensible or incapable of resistance, and doing so with the intention of enabling yourself to commit, or assisting any other person to commit, another indictable offence, you face a maximum term of up to 25 years imprisonment.
OUR PROVEN RESULTS
Our specialised, expert criminal lawyers have proven to obtain the best results for our clients charged with Choking, Suffocation and Strangulation Offences. Our most recent case involving a middle-aged man accused of Choking, Suffocating and Strangling his wife went to trial, with the jury returning a verdict of Not Guilty.
CONTACT US NOW
If you or someone you know has been accused of a Choking, Suffocation and Strangulation Offence, it is important to contact us immediately to have a free consultation with our expert criminal lawyers, so that we may plan to obtain the best possible outcome.