Proposed Offence of Strangulation


Woman being abused and strangled by a manThe Queensland Government has indicated that it will this week, introduce a new offence of  non-fatal strangulation.  The offence will be introduced into the Queensland Criminal Code and will be a strand alone offence not limited by association to any other crime.

 The creation of a specific offence of strangulation was a recommendation of the Special Taskforce on Domestic Violence report Not Now, Not Ever: Putting an End to Domestic Violence in Queensland.  The report called for the new offence after apparently identifying a gap in the Criminal Code.

The report went on the indicate that “strangulation is a very common feature of Domestic and Family Violence and is also seen as a predictive risk factor for future more severe Domestic and Family Violence and for Homicide?”

Currently a person alleged to be choking, strangling or suffocating a person would be charged with an offence of Assault which is made out where a person strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly.  

Common assault attracts a maximum penalty of three (3) years imprisonment, although fines and other penalties are often applied.  The proposed maximum penalty for the new offence will be seven (7) years.


Speak Your Mind