Crimes Amendment (Strangulation) Act 2014 No 23

An Act to amend the Crimes Act 1900 to make further provision for offences that involve choking, suffocation or strangulation; and for related purposes.

1 Name of Act

This Act is the Crimes Amendment (Strangulation) Act 2014.

2 Commencement

This Act commences on the date of assent to this Act.

Schedule 1 Amendment of Crimes Act 1900 No 40

[1] Section 37

Omit the section. Insert instead:

  

37 Choking, suffocation and strangulation

(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.

(3)  In this section:

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

[2] Section 428B Offences of specific intent to which Part applies

Omit the matter relating to section 37 from the Table to section 428B. Insert instead:

  

37 (2)

Choking, suffocation or strangulation with intent to commit or assist in committing another indictable offence

Schedule 2 Amendment of other legislation

2.1 Criminal Procedure Act 1986 No 209

Schedule 1 Indictable offences triable summarily

Insert “37 (1),” after “35A (1),” in clause 2 of Table 1.

2.2 Criminal Procedure Regulation 2010

Clause 63 Eligibility to participate in program

Omit “37” from paragraph (a) of the definition of category 2 personal violence offence in clause 63 (3).

Insert instead “37 (1) or (2)”.

2.3 Criminal Records Act 1991 No 8

Section 7 Which convictions are capable of becoming spent?

Omit “37” from paragraph (e) of the definition of sexual offences in section 7 (4).

Insert instead “37 (2)”.