Charges
Intentionally choke, suffocate or strangle
Crimes Act 1900 (NSW) s 37
What is the maximum penalty for choke, suffocate or strangle in NSW?
Maximum penalty. s 37(1A), intentionally chokes, suffocates or strangles another person without consent: imprisonment for 5 years. s 37(1), doing so as to render the person unconscious, insensible or incapable of resistance, being reckless as to that result: imprisonment for 10 years. s 37(2), doing so with intent to commit or assist another indictable offence: imprisonment for 25 years. Local Court caps: 100 penalty units or 2 years for both s 37(1A) and s 37(1).
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
Section 37 creates three offences of increasing seriousness. The basic offence is intentionally choking, suffocating or strangling someone without their consent, and it does not require the person to lose consciousness. The higher offences apply where the person was rendered unconscious, insensible or incapable of resistance, and the highest where that was done in order to commit or assist another indictable offence.
How it is dealt with
Per the Judicial Commission Local Court Bench Book: s 37(1A) and s 37(1) are Table 1; s 37(2) is strictly indictable.
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
Related charges
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