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s 34AD

Non-fatal strangulation intentionally causing injury

In force
Part IOffences
Division 1Offences against the person
Subdivision (4A)Non-fatal strangulation

34AD Non-fatal strangulation intentionally causing injury

(1)

A person (A) commits an offence if—

(a)

A intentionally and without lawful excuse chokes, strangles or suffocates another person (B); and

(b)

A intends the choking, strangling or suffocation to cause an injury to B; and

(c)

the choking, strangling or suffocation causes an injury to B; and

(d)

A is a family member of B.

Penalty: Level 5 imprisonment (10 years maximum).

Note

A mistaken but honest and reasonable belief that A was not a family member of B is not a defence to this offence—see section 34AK.

(2)

For the purposes of subsection (1), it is not a lawful excuse that B consented to the conduct constituting the offence.

(3)

A does not commit an offence against subsection (1) if the conduct constituting the offence occurs in the course of a procedure carried out in good faith for medical or body modification purposes.

Examples

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Section 34AD — Non-fatal strangulation intentionally causing injury — Crimes Act 1958 (Victoria) — Barrister AI