Attempts To Choke

The Law:

Section 37 of Crimes Act 1900 states:

Whosoever:

1. by any means attempts to choke suffocate or strangle any person, or
2. by any means calculated to choke suffocate or strangle, attempts to render any person insensible unconscious or incapable of resistance,
3. with intent in any such case to enable himself or herself or another person to commit, or
4. with intent in any such case to assist any person in committing, an indictable offence, shall be liable to imprisonment for 25 years.  

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Maximum penalty

The Maximum penalty for the offence of Attempts to Choke is 25 years imprisonment.

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What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused, with the intention of enabling himself or some other person to commit an indictable offence or assisting any person to commit an indictable offence.
2. Either:
   (a) attempted to choke, strangle or suffocate any person.
   (b) (i) By any means calculated to choke, suffocate or strangle.
   (ii) Attempted to render any person insensible, unconscious or incapable of resistance.

It will be necessary for the police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

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Possible defences to the charge of attempts to choke

Possible defences to this offence include but are not limited to:

• Duress
• Necessity
• Self Defence
• Intoxication

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What court is likely to hear the matter 

This matter is strictly indictable which means that it can only be finalised in the District Court.

 

Disclaimer

The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.

It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.