Choking, suffocation or strangulation in a domestic setting

Section 315A of the Criminal Code (Qld) makes it an offence to choke, suffocate or strangle another person without their consent. To constitute an offence against this particular section, the actions must be committed against a person with whom the person is in a domestic relationship with. Alternatively, the actions may come under the definition of ‘associated domestic violence’ which is defined in the Domestic and Family Violence Protection Act 2012 as meaning behaviour directed at a child, relative or associate of the aggrieved.

Assault is not an element of this offence.

The maximum penalty is 7 years imprisonment.

Robertson O’Gorman has extensive experience providing legal advice regarding domestic violence matters. Call us today on 3034 0000.