In a Queensland domestic violence case, the law treats choking and strangulation the same. You may be reading this after a night that went further than you expected, now holding a charge sheet full of words you never thought would apply to you.
At Hounsell Cunningham, our Brisbane domestic violence lawyers defend people facing these charges every week in courts across Queensland. This article explains what the prosecution has to prove, the penalties you may face, and what you should do next.
Choking vs Strangulation: Everyday Meaning and Legal Meaning
In daily life, people use these words in different ways. Choking often means something blocks the airway from the inside, like food. Strangulation usually means pressure on the outside of the neck from hands, an arm or an object. Suffocation means covering or blocking the nose or mouth.
Queensland law does not treat these as separate crimes in a domestic violence case. Section 315A of the Criminal Code creates one offence called “choking, suffocation or strangulation in a domestic setting”.
To prove this charge, the prosecution must show beyond reasonable doubt that:
- You unlawfully choked, suffocated or strangled the other person
- The other person did not consent, and
- You were in a domestic relationship with them, or the act was “associated domestic violence” under the Domestic and Family Violence Protection Act 2012
Section 315A(1A) makes one part of the law very clear. If you put pressure on someone’s neck that fully or partly restricts their breathing or blood flow, the law treats that as choking, suffocating or strangling. This is not the only way to commit the offence, but it means the prosecution does not need to prove the person passed out. The law also does not require a visible injury.
So whether a police report says “choked” or “strangled”, the charge, the elements and the maximum penalty stay the same.
How Serious Is a Strangulation Charge in Queensland?
The highest penalty for this charge is 7 years in prison. Your case will start in the Magistrates Court. If you are an adult, your case must then move to a higher court, usually the District Court, to be finalised.
A second law, the Penalties and Sentences Act 1992, also affects your sentence. Because your charge is a domestic violence offence, the court must treat it as more serious when it sets your sentence, unless your case has exceptional circumstances. The court will also see it as more serious if a child saw or heard the violence or if you broke a domestic violence order. And because strangulation involves violence, the usual rule that courts use prison only as a last resort does not apply to you.
Section 315 of the Criminal Code is a different and rarer charge. It applies when someone chokes or strangles a person to stop them fighting back, so they can commit another serious crime or escape after one. The highest penalty for that charge is life in prison.
Other Domestic Violence Assault Charges You May Face
Police may add other charges to a strangulation charge, such as common assault, assault occasioning bodily harm or coercive control. Coercive control means a pattern of abusive behaviour that is meant to control another person, and it carries up to 14 years in prison.
What You Should Do If You Are Charged
- Follow your bail conditions and any domestic violence order. If an order says you must not contact the other person, do not contact them.
- Get legal advice before you speak to police about the allegation.
- Keep copies of all your court and police documents.
At Hounsell Cunningham, we only do criminal defence, and domestic violence charges are a core part of our work. Our partners, Mitchell Cunningham and Nathan Hounsell, will tell you honestly where you stand, explain each step in plain English, and keep you updated the whole way. We offer fixed fees with no hidden costs, so you know what you’ll pay from day one.
Contact us for a confidential chat at (07) 3188 5626. If you need help after hours, our partners take calls 24 hours a day.
FAQs
Is choking a less serious charge than strangulation in Queensland?
No. Section 315A covers choking, suffocation and strangulation as one offence with the same maximum penalty.
Can police charge me if there are no marks or bruises?
Yes. The law does not require a visible injury. The prosecution must still prove every element beyond reasonable doubt.
Does the other person have to be my partner?
No. A domestic relationship includes current and former partners, family members and informal carers.
What if the other person agreed to it?
The prosecution must prove the person did not consent. Consent can be a complex issue, so get legal advice about your specific facts.
Can the Magistrates Court finish my case?
Not if you are an adult. Your case starts in the Magistrates Court but must move to a higher court.