According to NSW Police, a man appeared before Parramatta Bail Court on 17 May 2020 after allegedly choking a child in a domestic-related incident in the NSW Hunter region.
At about 2pm on Saturday 16 May 2020, a 27-year-old man was at a house in Rutherford, about 7km north-west of Maitland, when he allegedly became involved in an argument with a 44-year-old woman and became aggressive.
Police alleged in Court that the man turned and grabbed a five-year-old boy by the throat with both hands and lifted him off the ground, before letting him go onto a lounge.
The man left the house and the incident was reported to the Port Stephens-Hunter Police District, who commenced an investigation.
Following inquiries, officers from Sydney City Police Area Command arrested the man at a hotel on Castlereagh Street, Haymarket, about 9.45 pm on 16 May 2020.
He was taken to Surry Hills Police Station and charged with intentionally choke person without consent, domestic violence-related.
The man was refused bail by the NSW Police and appeared before Parramatta Bail Court on Sunday 17 May 2020.
Choking, Suffocation and Strangulation
Choking is a serious offence pursuant to section 37 Crimes Act 1900. Section 37 Crimes Act 1900 provides for three separate choking offences:
(1A) A person is guilty of an offence if the person intentionally chokes, suffocates or strangles another person without the other person’s consent.
Maximum penalty–imprisonment for 5 years.
(1) A person is guilty of an offence if the person–
(a) intentionally chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and
(b) is reckless as to rendering the other person unconscious, insensible or incapable of resistance.
Maximum penalty–imprisonment for 10 years.
(2) A person is guilty of an offence if the person–
(a) chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and
(b) does so with the intention of enabling himself or herself to commit, or assisting any other person to commit, another indictable offence.
Maximum penalty–imprisonment for 25 years.
In 2014, the NSW Government passed the Crimes Amendment (Strangulation) Bill 2014 that amended the Crimes Act by introducing an additional strangulation offence in New South Wales and to simplify and modernise the existing offence of strangulation in the Crimes Act.
In the second reading speech, Mr Hazzard observed that strangulation “is prevalent in domestic violence incidents” and the amendment was necessary as the offence of strangulation was limited prior to the amendment and as a result, many choking offences were being charged as common assaults.
In Cherry v R [2017 NSWCCA 150 the Court held that the use of choking in the course of domestic violence is well recognised as a gross form of control with the capacity to cause death. In R v Hamid [2006] NSWCCA 302 at 86 stated:
“86 In sentencing a domestic violence offender, and in particular a repeat domestic violence offender, specific and general deterrence are important factors, together with the requirement of powerful denunciation by the community of such conduct and the need for protection of the community. Recognition of the harm done to the victim and the community as a result of crimes of domestic violence is important.”
Like all domestic violence related offences, the courts are sentencing offenders to harsher and more severe penalties to reflect community expectations, to deter the general community and to punish the offender adequately. As stated above these principals are especially relevant in with domestic violence related choking offences.
Pannu Lawyers extensively practice in Criminal Law and regularly appear at Courts throughout New South Wales. If your matter is at Blacktown Local Court, we are conveniently located within a walking distance from the Blacktown Local Court. Call our office on 02 9920 1787 to discuss your matter in a confidential manner.
