Attempts to Choke

The maximum penalty for the charge of attempts to choke (Section 37 of the Crimes Act) is twenty-five years imprisonment.

Prosecution must prove

The police must prove each of the following matters beyond a reasonable doubt:

1. You, with the intention of enabling yourself or some other person to commit an indictable offence or assisting any person to commit an indictable offence.
2. Either:
   1. attempted to choke, strangle or suffocate any person.
   2.  
      1. By any means calculated to choke, suffocate or strangle.
      2. Attempted to render any person insensible, unconscious or incapable of resistance.

Prosecution must prove

They will also need to prove that you were the person who committed the attempts to choke offence.

This matter is strictly indictable which means that it can only be finalised in the District Court.

Penalties

The court can impose any of the following penalties:

• Section 10 Crimes (Sentencing Procedure) Act-charge found proven but dismissed.
• Community Service Order.
• Intensive Correction Order (previously known as periodic detention)
• Fine
• Good Behaviour bond.
• Suspended sentence
• Home detention
• Prison Sentence

District Court

• Based on statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid- range of seriousness for the offence of attempts to choke, if heard in the District Court, is likely to be imprisonment for a period of 9 years.