'Intentionally chokes' in s 37(1A) of the Crimes Act 1900 (NSW) means intentionally applying pressure to the neck so as to be capable of affecting the breath or the flow of blood to or from the head. The offence does not require proof that breathing or blood flow was actually affected — only that the pressure was capable of such effect. This is broader than the Queensland construction in R v HBZ which required proof that breathing was at least hindered or restricted. The Crown should consider calling medical evidence to establish that the pressure applied was capable of affecting breath or blood flow.
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