Guiding principles
34AC Guiding principles
S. 34AC inserted by No. 37/2023 s. 3.
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.
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