In New South Wales (NSW), attempted choking is considered a serious criminal offence, carrying severe penalties. According to the Judicial Commission of NSW, a mid-range offence involving attempted choking can result in imprisonment for up to nine years. These charges are strictly indictable, meaning they are dealt with in the District Court rather than the Local Court.
What is Attempted Choking?
Attempted choking is classified as a violent crime, often linked to domestic violence or an intent to commit a more serious crime. When a person is charged with attempting to choke, strangle, or suffocate another person, it’s typically with the intent to commit an additional indictable offence, such as assault, robbery, or another violent crime.
The legal framework for this offence is outlined in the police fact sheet and the court attendance notice provided to the accused. These documents detail the specific laws and a brief description of the offence. Common offences under this law include:
- Law Part 64751: Attempt to choke with intent to commit an indictable offence (Domestic Violence)
- Law Part 63: Attempt to choke/strangle with intent to commit an indictable offence
- Law Part 64752: Attempt to render unconscious with intent to commit an indictable offence (Domestic Violence)
- Law Part 64: Attempt to render unconscious with intent to commit an indictable offence
What the Police Must Prove?
To secure a conviction for attempted choking, the police must prove several elements beyond a reasonable doubt:
Intent: The accused must have intended to enable themselves or another person to commit an indictable offence, or assist in the commission of one.
Action: The accused must have attempted to choke, strangle, or suffocate another person. This action could involve:
- Attempting to choke, suffocate, or strangle with the intent to cause harm.
- Attempting to render the person unconscious, insensible, or incapable of resistance.
The police must also establish that the accused was the individual responsible for the attempted choking.
Possible Defences
While attempted choking is a serious charge, there are several defences that may be applicable depending on the specific circumstances:
- Duress: This defence applies when the accused was coerced or threatened into committing the act, believing they or someone else would be harmed if they didn’t comply.
- Necessity: The accused may argue they acted out of necessity to prevent greater harm.
- Self-Defence: The accused could claim their actions were taken in self-defence to protect themselves from immediate danger or harm.
Penalties for Attempted Choking
The penalties for attempted choking vary depending on the severity of the offence, the circumstances surrounding it, and the defendant’s criminal history. Possible penalties include:
Section 10 Dismissal
If the court decides not to convict the accused, it can issue a Section 10 dismissal, allowing the accused to avoid a criminal record. This is rare and typically reserved for offenders with strong mitigating factors or a minimal criminal history.
Fines
The court may impose fines, considering the defendant’s financial situation and ability to pay. Fines can be issued alone or in conjunction with other penalties.
Good Behaviour Bond
A Good Behaviour Bond is a court order requiring the defendant to demonstrate good behaviour for a specified period, with conditions such as avoiding certain individuals or refraining from criminal activity. The maximum duration of a bond is five years.
Community Service Order (CSO)
A CSO requires the defendant to perform unpaid work or attend courses, such as anger management. Before a CSO is imposed, the defendant’s suitability is assessed by a probation officer.
Suspended Sentence
Under a suspended sentence, the defendant is sentenced to jail but does not serve the sentence immediately, provided they comply with the terms of a good behaviour bond. If the conditions are met, the jail sentence won’t take effect.
Intensive Correction Order (ICO)
Replacing periodic or weekend detention, an ICO involves strict conditions, such as attending counselling, adhering to a curfew, or completing community service. ICOs are typically imposed instead of full-time imprisonment for less severe offences.
Full-Time Jail
The most severe penalty for an attempted choking charge is full-time imprisonment, which can extend up to nine years depending on the crime’s seriousness, the defendant’s criminal history, and any aggravating factors. Those sentenced to full-time detention serve their time in a correctional facility.
Final Thoughts on Attempted Choking Charges in NSW
Attempted choking charges are treated with great seriousness in NSW, especially in cases involving domestic violence or intent to commit other serious crimes. Penalties range from fines and community service orders to intensive correction orders and full-time imprisonment, depending on the severity of the offence.
Given the harsh penalties, understanding the charges and exploring all legal options is essential, whether you’re facing this offence or seeking justice. Defence strategies such as duress, necessity, or self-defence may offer a pathway to reduced penalties, but each case is unique and requires thorough legal consideration.
