Choking And Strangulation/Suffication

Question 1

What is the Legislation and Section of Choking Strangulation/Suffocation?

Answer 1

Section 37 of the Crimes Act 1900

Question 2

Definition of Strangulation: (OL)

Answer 2

• An obstruction of blood vessels and/or airflow as a result of external pressure on the
  neck resulting in asphyxia
• Example: offender placing one or two hands around a victim’s throat and squeezing or
  using ligature to do so

Question 3

Definition of Chokes:

Answer 3

• Asphyxia caused by obstruction of air passages below the back of your tongue e.g. food
  or bone
• Example: offender forcibly places an object in the victim’s mouth

Question 4

Definition of Suffocates:

Answer 4

• Asphyxia caused by covering of the mouth or nose
• Example: offender places object over the victim’s face such as a pillow or plastic bag

Question 5

What are the elements of the offence?

Answer 5

1. The Accused
2. Intentionally choked, suffocated or strangled the complainant
3. So as to render the victim unconscious, insensible or incapable of resistance
4. AND the defendant was reckless as to rendering the victim unconscious, insensible or
   incapable of resistance