Choking, Suffocation or Strangulation Charges in Queensland

What is choking or strangulation under Queensland law?

This offence applies where a person:

• applies pressure to the neck or throat of another person, or

• restricts breathing or blood flow in any way

It often arises in:

• domestic violence allegations

• physical altercations

• assault investigations

Even brief contact can result in criminal charges.

Penalties for choking or strangulation

This offence carries a maximum penalty of up to 7 years imprisonment.

Courts consider:

• duration and severity of the incident

• whether injury occurred

• relationship between parties

• prior history of domestic violence

Common issues in these cases

These charges often involve disputes about:

• what actually occurred

• whether force was applied

• intent and context

• self-defence claims

• inconsistencies in statements

Evidence commonly includes:

• police body-worn camera footage

• 000 recordings

• witness statements

• medical reports

Defending choking or strangulation charges

Possible defence strategies may include:

• denial of physical conduct

• self-defence

• lack of intent

• challenging inconsistencies in evidence

• lack of corroborating medical evidence

Every case must be assessed on its own facts.