What is Attempts to Choke ?

As High Profile Lawyers we know that the offence of attempt to choke may be committed in various ways.

The offence is committed by any mere attempt to choke if coupled with any of the intentions required by the law. The acts of attempting to suffocate and strangle any person are also included in the offence of attempts to choke. Thus, attempting to choke, suffocate or strangle any person is one way of committing the offence.

Case law/Jurisdiction
This matter is strictly indictable which means that it can only be finalised in the District Court.

The nature and elements of the offence of Attempts to Choke were considered in In R v MW [2007] NSWCCA 291. Here it was recognised that there are “varying degrees of criminality in an offence contrary to s 37.” McClellan CJ at CL added at [43]:

“It must be remembered that the offence itself is defined as an “attempt to choke.” When that attempt results in the victim becoming unconscious the offence is one of considerable gravity”.

Similarly, in R v HQ [2003] NSWCCA 336, it was held that choking the victim to the point where she lapsed into semi-consciousness constituted a serious form of the offence: at [42].

What must the prosecution prove?

Since Attempts to Choke offence is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove each of the elements in the charge beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Attempts to Choke.

As  the best criminal lawyers in Sydney we know that to establish Attempts to Choke, the prosecution must prove each of the following matters beyond reasonable doubt;

  • You, with the intention of enabling yourself or some other person to commit an indictable offence or assisting any person to commit an indictable offence.

Either:

  • (a) attempted to choke, strangle or suffocate any person.
  • (b)
  • (i) By any means calculated to choke, suffocate or strangle.
  • (ii) Attempted to render any person insensible, unconscious or incapable of resistance.
  • They will also need to prove that you were the person who committed the attempts to choke offence.

The Law

The law that is applicable in the offence of attempts to choke is the Crimes Act 1900(NSW). It is categorized as an offence against the persons and particularly defined and punished under Section 37 which states;.

(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.

(3) In this section:

“another indictable offence” means an indictable offence other than an offence against this section.

If you are charged with the offence of Attempts to Choke what are your options?

National Criminal Lawyers are the best Assault Lawyers in Sydney. We have been successful in defending a number of Attempts to Choke charges where the prosecution could not establish each of the elements of Attempts to Choke.

NCL offer the following options for those who have been charged with Attempts to Choke;

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Attempts to Choke offence our Team at National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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