Non fatal offences - strangulation/suffocation

Question 1

Definition of strangulation

Answer 1

• Section 75A (1) Serious Crime Act 2015
  o A person commits an offence if:
  A intentionally strangles another person or
  A does any other act to B that (i) affect’s B ‘s ability to breathe, and (ii) constitutes a battery of B

Question 2

Punishment for strangulation

Answer 2

• On summary conviction: Imprisonment for a term not exceeding 12 months, a fine or both
• On indictment conviction: Imprisonment for term not exceeding 5 years, a fine or both

Question 3

Actus reus for strangulation

Answer 3

• Strangles or commits a battery that affects B’s ability to breathe

Question 4

Mens rea for strangulation (2)

Answer 4

• Intentional strangulation or mens rea for battery
• R v Cook (Alfie)
  o no requirement to prove any injury or harm as a result of the strangulation; the act of strangulation inevitably created a real and justified fear of death.
• R v Borsodi (Alex)
  o Out at party and D gets drunk and returns home. Neighbour hears distressed voice. Sees through window D with hand on V’s neck and woman is holding a baby in her arms at the time. Lasted about 30 seconds.
  o Mitigating factors: short term strangulation, stopped on his own, pleaded guilty straight away, no previous history of violence, string work ethic and provided for family, at time of trial D and V had reconciled and pregnant with third child.
  o Aggravating: intoxication, happened in victims home, in presence of a child.
  o Decided immediate custody had to be imposed. At appeal it was concluded that judge had misunderstood Cook – the custodial sentence could be immediate or suspended. They thought suspended sentence was more appropriate at appeal.