Facing charges of Choking, Suffocation, or Strangulation in Qld?

Under section 315A of the Criminal Code 1899 (Qld), choking, suffocation, or strangulation without consent, in a domestic setting, is a criminal offence.

A person is taken to choke, suffocate or strangle another person if they apply pressure to the victim's neck, partially or fully restricting their breathing or blood circulation.

This restriction may be brief or temporary and does not need to cause a complete stoppage or lasting physical injury.

If convicted, the maximum penalty for choking, suffocation, or strangulation is 7 years imprisonment.

Courts take these offences very seriously, particularly in cases where there is a history of domestic violence. In determining the sentence, factors such as the nature of the incident, injuries caused, and any prior criminal history will be considered.

Our criminal defence lawyers have successfully negotiated this type of charge and have had it discontinued against our client.

Each case depends on its own facts. However, it is critical to carefully examine the evidence and the circumstances of each case to see if negotiations may be appropriate in your case.

There may also be instances where it is appropriate for the prosecutor to downgrade the charge, such as to a lesser charge of common assault. If downgraded, the penalty is typically a fine or a period of probation.

Do not contact the complainant directly or indirectly, under any circumstances.

You should contact our criminal lawyers immediately so that we can discuss with you any need for contact, such as if you share a house, children, or work. We can give you advice about the options to facilitate any need for contact but you should never do so yourself.

If you do not follow this, you could get yourself into more trouble, including not being granted bail or having bail revoked due to contacting the complainant.

There will also likely be an associated Domestic Violence Order Application. This is a separate case to the criminal charge.

Yes. Under section 315A of the Criminal Code Act 1899 (Qld), a person can be prosecuted for choking, suffocation, or strangulation even where there are no visible injuries or forensic evidence.

Many prosecutions rely instead on the complainant’s account, Qp9 material, and police body-worn camera footage.

In these cases, a strong defence often requires:

• reviewing body-worn camera footage for the complainant’s tone, body language, and whether police framed the incident as choking too quickly

• checking for any delay in the complaint or absence of references to breathing difficulty or neck pressure

• requesting full disclosure of Queensland Ambulance Service notes, medical assessments, and statements to other witnesses

• obtaining a forensic medical expert opinion on whether the alleged level of force would realistically have caused observable signs

Careful analysis of this evidence can reveal weaknesses in the prosecution case and assist in defending a charge under section 315A.