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Serious penalties apply to offences endangering life and there are a range of possible defenses. Endangering life cases can be very complex. If you have been charged, you should get legal advice from us about your options, any available defence or likely penalty. Book an appointment now. 

Choking, suffocation or strangulation in a domestic setting s 315A

The law provides that a person commits a crime if: –Offences-endangering-lifeArtboard-2

  1. The person unlawfully chokes, suffocates or strangles another person, without the other person’s consent; and
  2. either—
    1. the person is in a domestic relationship with the other person; or
    2. 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 

  1. The accused choked, suffocated or strangled another person;
  2. Without that persons consent;
  3. Unlawfully; and
  4. 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

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Welcome to Central Queensland Conveyancing Centre! We look forward to discussing your family law matter. Please book a FREE 20-Minute Appointment to get started.
Welcome to Central Queensland Conveyancing Centre! We look forward to discussing your family law matter. Please book a FREE 20-Minute Appointment to get started. Book A Free Consultation