Guiding principles
34AC Guiding principles
It is the intention of Parliament that in interpreting and applying this Subdivision, courts are to have regard to the fact that—
non-fatal strangulation of a person by a current or former intimate partner indicates that the person is, statistically, significantly more likely to be killed by the current or former intimate partner; and
in circumstances of family violence, non‑fatal strangulation can indicate an ongoing and escalating pattern of coercive and controlling behaviour by the perpetrator; and
even very short or individual instances of non-fatal strangulation can demonstrate the perpetrator's physical dominance and control over the victim and create an atmosphere of fear and compliance; and
non-fatal strangulation will not always leave physical signs or injuries, and it can result in physical signs or injuries that only appear after weeks or months have passed.
S. 34AD inserted by No. 37/2023 s. 3.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.