The word 'chokes' in s 315A of the Criminal Code (Qld) means the act of the perpetrator that hinders or restricts the breathing of the victim; it does not require proof that breathing was completely stopped. The act of choking requires some detrimental effect on the victim's breathing — merely placing hands on the neck without affecting breathing is insufficient. Even short-duration restriction of breathing without lasting injury suffices. The ACT approach in R v Green (No 3), which required 'stopping the breath', is not followed in Queensland. For sentencing, the deterrent purpose of s 315A must be balanced against the objective seriousness of the particular offending by comparison with comparable authorities.
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