Strangulation & Choking Lawyer
Cairns & Far North Queensland
You have been charged with choking, suffocation, or strangulation in a domestic setting under section 315A of the Criminal Code Act 1899 (Qld). This is a strictly indictable offence carrying a maximum of 7 years imprisonment — it begins in the Magistrates Court and must be committed to the District Court for trial or sentence. It is a show cause offence — the court starts from a position of custody and you must demonstrate why bail should be granted. This charge is treated with particular seriousness by Queensland courts and prosecutors. It does not require proof of injury. The fact that pressure was applied to another person's neck in a domestic context is enough. Legal costs reflect both stages — the Magistrates Court fee covers all appearances through to committal, and the District Court fixed fees for plea or trial are listed on this page. If you are facing this charge, you need a lawyer who understands the elements, the evidence, and the realistic range of outcomes.
What the Prosecution Must Prove
Section 315A of the Criminal Code Act 1899 (Qld) was introduced by the Criminal Law (Domestic Violence) Amendment Act 2016 and commenced on 5 May 2016. It creates a standalone offence of choking, suffocation, or strangulation in a domestic setting. The prosecution must prove: The person unlawfully choked, suffocated, or strangled another person Without the other person's consent Either: The person was in a domestic relationship with the other person, or The choking, suffocation, or strangulation was associated domestic violence under the Domestic and Family Violence Protection Act 2012 Maximum penalty: 7 years imprisonment. What counts as choking, suffocation, or strangulation Section 315A(1A) provides a statutory definition: a person is taken to choke, suffocate, or strangle another person if they apply pressure to the other person's neck that completely or partially restricts the other person's respiration or blood circulation , or both. This is deliberately broad. It covers: Hands around the throat Forearm or elbow across the neck Headlocks Pressure with any object — a ligature, cord, clothing, or bedding pressed against the neck Any other method that applies pressure to the neck and restricts breathing or blood flow Importantly, no actual injury is required . The prosecution does not need to prove bruising, redness, or any visible mark. The offence is complete once pressure is applied that restricts respiration or blood circulation — even partially and even momentarily. Assault is not an element Section 315A(2) expressly states that an assault is not an element of the offence. This distinguishes it from other assault charges. The prosecution does not need to prove the technical requirements of an assault — only that the specific act of choking, suffocation, or strangulation occurred.
Why This Charge Is Treated So Seriously
Non-fatal strangulation is treated as one of the most significant risk indicators in domestic violence. Research consistently identifies strangulation as a precursor to lethal violence — the risk of homicide increases significantly where strangulation has occurred in the relationship. Queensland introduced section 315A specifically in response to this evidence. Before 2016, choking in a domestic setting was typically charged as common assault (maximum 3 years) or assault occasioning bodily harm (maximum 7 years, but requiring proof of injury). The standalone offence carries a maximum of 7 years imprisonment without any requirement to prove injury. In practice, this means: The charge is rarely withdrawn or downgraded by prosecution — police and the DPP treat it as a high-priority offence Courts impose conditions at the highest end of restrictiveness for bail and DVO purposes Sentencing tends toward the more severe end of the available range, particularly where there is a DV history A custodial sentence is a realistic prospect for a first offence depending on the circumstances QLRC review — potential changes ahead The Queensland Law Reform Commission (QLRC) completed a comprehensive review of section 315A and delivered its final report to the Attorney-General on 30 September 2025. The report was tabled in parliament on 11 February 2026 and makes 18 recommendations for reform — including enhancing the offence to better reflect the seriousness of the conduct, expanding the types of relationships covered, modifying how consent is relevant, and allowing the offence to be finalised in the Magistrates Court. While any legislative changes are not yet law, the direction of reform signals that the framework is expected to become stricter — not more lenient. This is relevant context for any defence strategy.
Bail — Show Cause
Choking, suffocation, or strangulation under section 315A is a show cause offence under the Bail Act 1980 (Qld), s 16(3). This means the normal presumption in favour of bail is reversed. You must demonstrate to the court why your detention in custody is not justified. If you fail to show cause, the court must refuse bail. What the application needs to address The strength of the prosecution case — is the evidence of the act clear, or are there issues with identification, the nature of the contact, or the domestic relationship? Risk to the complainant — what conditions will adequately protect the complainant? No-contact, exclusion, and reporting are standard Community ties — employment, family, residential stability, community connections Criminal history — particularly any prior DV matters, breaches of bail, or breaches of DVOs Proposed conditions — the more comprehensive the proposed conditions, the stronger the application If you know you are about to be charged — or a family member has been arrested overnight — call Sacha so the application can be prepared before the first appearance rather than improvised at the bar table.
Common Defence Issues
Every section 315A charge turns on its own facts. But several issues arise repeatedly: Was there actually choking, suffocation, or strangulation? The statutory definition requires pressure to the neck that restricts respiration or blood circulation. If the evidence shows contact with the neck that did not restrict breathing or blood flow — for example, grabbing the collar of a shirt, or brief incidental contact during a struggle — the element may not be made out. The prosecution typically relies on the complainant's account and body-worn camera footage from the police attendance. If there is no medical evidence, no photographs, and the complainant's account is inconsistent or unclear, the evidentiary foundation may be weak. Consent Consent is an element — the prosecution must prove the act was without the other person's consent. In most DV contexts, consent is not a realistic defence. But in some circumstances — particularly where the allegation arises from a physical altercation rather than a one-sided act — the factual matrix may be more complex than it first appears. Was there a domestic relationship? Section 315A requires either a domestic relationship or associated domestic violence. The domestic relationship must fall within the definition in the DFVPA . If the relationship between the parties does not meet the statutory definition, the charge under s 315A cannot be sustained (though other assault charges may still apply). Identification and competing accounts Where the allegation arises from a physical altercation involving multiple people, or where there are competing accounts of who did what, identification of the person who applied pressure to the neck becomes a live issue.
The DV Flag and Its Consequences
A section 315A charge is inherently a domestic violence offence — the domestic setting is an element of the charge. Any conviction under section 315A automatically carries a DV notation on your criminal history under the Penalties and Sentences Act 1992 , s 12A. Even without a conviction, the charge itself and any associated DVO have lasting consequences. The DV flag has real consequences beyond the sentence itself: Firearms licence — automatically revoked, with a five-year bar on reapplying Blue Card — a section 315A charge is assessable information for working with children screening under the Working with Children (Risk Management and Screening) Act 2000 . Even without a conviction, it may trigger a reassessment of your blue card eligibility Family law proceedings — any DV history is directly relevant to parenting orders under the Family Law Act 1975 (Cth) DVO conditions — a section 315A charge will almost always result in a DVO being made, with conditions that may affect where you can live and who you can contact Future offending — a DV-flagged history makes future bail applications harder and future sentences heavier
Interaction with Other Charges
Section 315A is frequently charged alongside other offences arising from the same incident: Common assault (s 335) — if the conduct also involves other physical contact Assault occasioning bodily harm (s 339) — if there is provable injury Contravention of a DVO (s 177 DFVPA) — if a protection order was already in place Coercive control (s 334C) — if the strangulation forms part of a broader pattern of coercive or controlling behaviour Wilful damage (s 469) — if property was also damaged during the incident Deprivation of liberty (s 355) — if the complainant was also prevented from leaving Where multiple charges arise from the same incident, the defence strategy must account for all of them. A plea to one charge may involve negotiation on others. The interaction between the charges affects both the sentencing range and the practical consequences for your record.
What Changes the Outcome
The sentencing range for section 315A is broad. The factors that influence where your matter falls include: The nature of the act. Sustained choking over a period of time is treated differently from a brief application of pressure during a struggle. Whether the complainant lost consciousness, had difficulty breathing, or experienced fear of death are all directly relevant. Visible injury. While injury is not an element of the offence, the presence or absence of bruising, redness, or other marks affects the court's assessment of severity. Your criminal and DV history. A first offence with no prior DV matters is treated differently from a charge in the context of prior assault matters, DVO breaches, or previous strangulation allegations. The complainant's account. Whether the complainant provides a victim impact statement and the content of that statement affects sentencing. Steps taken since the charge. Genuine engagement with domestic violence intervention programs, anger management, counselling, and full compliance with bail conditions are relevant mitigating factors. Whether a conviction should be recorded. For a first offence where the circumstances are at the lower end of seriousness, a no-conviction order under the Penalties and Sentences Act 1992 is possible — but it is the exception rather than the rule for section 315A matters.
Frequently Asked Questions
Does the prosecution need to prove injury?
No. Section 315A does not require proof of any injury. The offence is complete once pressure is applied to the neck that restricts respiration or blood circulation — even partially and even momentarily. The absence of visible marks does not mean the charge cannot be proved.
Is this a show cause offence?
Yes. Under the Bail Act 1980 , section 315A is a show cause offence. You must demonstrate to the court why your detention is not justified. If you fail to show cause, the court must refuse bail.
What court hears section 315A charges?
Section 315A is a strictly indictable offence carrying a maximum of 7 years imprisonment. It starts in the Magistrates Court for pre-committal appearances and is committed to the District Court for trial or sentence.
Can I get no conviction recorded for a section 315A charge?
It is possible but uncommon. The court retains discretion under the Penalties and Sentences Act 1992 , but section 315A matters are treated with particular seriousness. A no-conviction order is most realistic for a first offence at the lower end of seriousness with strong mitigating factors.
What if the complainant does not want to proceed?
In domestic violence matters, the decision to proceed with the charge is made by the prosecution — not the complainant. Even if the complainant does not wish to give evidence, the prosecution may proceed if there is other evidence available (such as body-worn camera footage or admissions). The complainant can be compelled to give evidence by subpoena.