In recent years, Queensland has introduced targeted legislation to address the serious nature of choking, strangulation, and suffocation within a domestic relationship. Under Section 315A of the Criminal Code (Qld), a person commits an offence if they unlawfully choke, suffocate or strangle another person with whom they are in a domestic relationship. The offence carries significant penalties and reflects a broader recognition of the risks associated with this type of conduct.

But while the intention of the legislation is clear, it remains critical, especially for defence lawyers, to ensure strict adherence to due process, fair trial rights, and the presumption of innocence.

To secure a conviction under Section 315A, the prosecution must prove each of the following elements beyond a reasonable doubt:

1. That the Accused Choked, Strangled, or Suffocated the Complainant

This means applying pressure to the neck that restricts breathing, blood circulation, or both, either completely or partially (In R v HBZ [2020]). The effect can be brief and does not require lasting injury.

That said, proving this element often relies heavily on testimonial evidence, as such acts may not leave visible marks. Defence counsel must carefully examine medical findings, inconsistencies, or lack of physical corroboration.

2. That the Act Was Unlawful

The prosecution must prove the act was not justified, authorised or excused by law. A valid claim of self-defence may arise if the accused reasonably believed their actions were necessary to prevent harm.

3. That the Complainant Did Not Consent

This includes assessing the nature of any prior consensual physical contact and whether there is objective evidence of non-consent.

4. That a Domestic Relationship Existed

Section 315A specifically applies to conduct within the context of a relevant domestic relationship, broadly defined under the Domestic and Family Violence Protection Act 2012 (Qld).

This includes intimate partners, family members, or others in domestic arrangements. It can also include associated domestic violence, where the act occurs in connection with another domestic relationship.

Defending clients charged under section 315A requires more than legal skill, it requires care, diligence, and respect for the gravity of the proceedings.

These are not “minor” charges and are to be finalised in the District Court. They carry serious social stigma and legal consequences, including a custodial penalty for up to 7 years, however the Courts have wide discretion to decide what type of penalty to impose considering the matrix of the case.

With that being said, Queensland Sentencing Advisory Council (2024) found over 98.7% of offenders convicted of strangulation received a term of imprisonment and the average imprisonment term was 2.5 years.

But the seriousness of the allegation must never override the foundational principles of justice:

• The right to a fair trial
• The presumption of innocence
• The obligation on the prosecution to prove the charge beyond reasonable doubt

Defence lawyers, are not here to excuse violence, but to protect the rule of law and ensure no person is convicted unless the evidence compels it.

A strong defence begins with understanding the law, the facts, and the rights of every individual. We are criminal law experts, if you find yourself in this situation contact us immediately.

📞 1800 957 936
🌐 rmolaw.com.au
📧 mail@rmolaw.com.au

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.

Article Authorised by Roly O’Regan