In the coming weeks the NSW Parliament will debate new laws that would create a new strangulation offence, in an effort to reduce domestic and family violence. Non-fatal strangulation is a key indicator of a fatal attack, with one in four domestic murders preceded by strangulation.
The NSW Crimes Act (1900) already contains two strangulation offences, however less than half of the prosecutions under these laws result in convictions. Under section 37 of the Crimes Act 1900 (NSW) the offence of choking, suffocating or strangulating carries a maximum sentence of 10 years, but first it must be proven that the victim was rendered unconscious or unable to resist, or that the strangulation occurred in the course of an indictable offence, such as sexual assault. Due to this high threshold, many strangulation incidents are prosecuted under section 61 as common assault, which carries a maximum sentence of 2 years.
The new law would only require non-consensual and intentional choking, strangling or suffocating and it would carry a maximum sentence of 5 years.
This new strangulation offence is easier to prove and would mean less strangulations prosecuted as the lesser offence of common assault. It would also be a red flag to authorities regarding future violence when considering ADVOs and granting bail.
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