Non-fatal strangulation intentionally causing injury
34AD Non-fatal strangulation intentionally causing injury
A person (A) commits an offence if—
A intentionally and without lawful excuse chokes, strangles or suffocates another person (B); and
A intends the choking, strangling or suffocation to cause an injury to B; and
the choking, strangling or suffocation causes an injury to B; and
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.
For the purposes of subsection (1), it is not a lawful excuse that B consented to the conduct constituting the offence.
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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