Criminal Code (Choking in Domestic Settings) and Another Act Amendment Bill 2020*

An Act to amend the Criminal Code and the Penalties and Sentences Act 1992 for particular purposes

1Short title

This Act may be cited as the Criminal Code (Choking in Domestic Settings) and Another Act Amendment Act 2020.

2Code amended

This part amends the Criminal Code.

3Amendment of s 315A (Choking, suffocation or strangulation in a domestic setting)

(1)Section 315A(1), penalty—
omit, insert—

Maximum penalty—14 years imprisonment.

(2)Section 315A—
insert—

(3)In this section—

choke, a person, includes apply pressure to the person’s neck.

strangle, a person, includes apply pressure to the person’s neck.

suffocate, a person, includes the following—

(a)obstruct any part of the person’s—

(i)respiratory system; or

(ii)accessory systems of respiration;

(b)interfere with the operation of the person’s—

(i)respiratory system; or

(ii)accessory systems of respiration;

(c)impede the person’s respiration.

4Act amended

This part amends the Penalties and Sentences Act 1992.

5Amendment of sch 1 (Serious violent offences)

Schedule 1—
insert—

18A	section 315A (Choking, suffocation or strangulation in a domestic setting)