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Choking, suffocation or strangulation in a domestic setting s 315A
The law provides that a person commits a crime if: –
- The person unlawfully chokes, suffocates or strangles another person, without the other person’s consent; and
- the person is in a domestic relationship with the other person; or
- the choking, suffocation or strangulation is associated domestic violence under the Domestic and Family Violence Protection Act 2012.
What constitutes as a domestic relationship and associated domestic violence?
The definition of “domestic relationship” under the Criminal Code is a relevant relationship under the Domestic and Family Violence Protection Act 2012. Please refer to Domestic violence offences for information on what constitutes domestic relationships and associated domestic violence.
What the prosecution needs to prove
- The accused choked, suffocated or strangled another person;
- Without that persons consent;
- Unlawfully; and
- The accused was in a domestic relationship with the other person; or
The choking, suffocation or strangulation was associated domestic violence under the Domestic and Family Violence Protection Act 2012.
Acts intended to cause grievous bodily harm and other malicious acts s 317
Grievous bodily harm s 320
Bomb hoaxes s 321A
Torture s 320A
Wounding s 323
Murder s 302
Manslaughter s 303
Attempted murder s 306
Accessory after the fact to murder s 307
Aiding suicide s 311