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…
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…
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…
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 —…
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…
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…
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…
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…