Choking, Suffocation or Strangulation – Laws, Penalties & Defences in Australia

Choking, suffocation, or strangulation is a serious and distinct criminal offence in Australia—particularly in the context of domestic and family violence. These actions are considered especially dangerous due to the high risk of fatality and loss of consciousness, even without leaving visible injuries.

Australian courts and legislatures have increasingly recognised the lethality and psychological trauma associated with this behaviour. As a result, it is often treated as an aggravated assault offence, attracting severe penalties, including immediate imprisonment.

This page explains what constitutes choking, how charges are laid, the court process, legal defences, and the relevant laws and penalties across each Australian state and territory.

What Is Choking, Suffocation or Strangulation Under Australian Law?

This offence involves intentionally applying pressure to another person’s neck, throat, or blocking their airway, without their consent.

It includes:

• Hands or arms around the neck

• Pressing a pillow or object over the face

• Blocking the mouth or nose

• Using a ligature or item to restrict airflow

• Causing the victim to lose consciousness, panic, or feel unable to breathe

The prosecution must prove that:

1. The act was intentional

2. It involved impeding normal breathing or circulation

3. It was done without consent (or was reckless or done to cause fear/harm)

Why Is This Offence Treated So Seriously?

• It is often a predictor of future homicide in domestic violence cases

• It may cause internal injuries or brain damage without external marks

• Victims often experience long-term trauma and fear

How Are Charges for Choking Offences Laid?

Police may lay charges after:

• Victim reports or emergency calls

• Medical evidence (even without bruises)

• Witness accounts or CCTV

• Confessions or prior incidents

• Breathlessness or trauma signs on examination

The charge may be laid on its own, or in combination with other charges, such as:

• Assault occasioning actual bodily harm

• Domestic violence

• Threats or intimidation

• Sexual assault or deprivation of liberty

Court Process for Choking or Strangulation Charges

These are indictable offences, typically dealt with in:

• District/County Court – for serious matters

• Magistrates’ Court – for preliminary appearances or bail

The court process includes:

1. First appearance – Plea entered

2. Disclosure of evidence

3. Committal hearing or trial

4. Sentencing – Based on severity, intent, harm caused, and history

Aggravating factors include:

• Offence committed as part of domestic abuse

• Children present

• Repeated choking events or prior convictions

Legal Defences to Choking Charges

Possible defences include:

• Lack of intent – The act was not deliberate or targeted

• Self-defence – You were protecting yourself from harm

• Accident – Contact was incidental and not aimed at the throat

• Consent – (Only applicable in rare contexts and may be rejected in domestic settings)

• False accusation – The complaint is fabricated or mistaken

• Mental impairment – You were not capable of understanding your actions