Strangulation/suffocation

Question 1

Strangulation/ suffocation type

Answer 1

S.189A (a) & (b)

Crimes Act 1961

Question 2

Elements of strangulation/suffocation

Answer 2

1. Intentionally or recklessly
2. Impede
3. Another persons
4. Normal breathing, blood circulation or both
5. Manually or using an aid

Question 3

Penalty of S189A (a) & (b)

Answer 3

Maximum 7 years imprisonment

Question 4

Intentionally or recklessly

Answer 4

Intentionally = A deliberate act
Recklessly = an act where consequences are foreseen and ignored
Without lawful justification, excuse or claim of right

Question 5

Impede

Answer 5

Obstruct/interfere with the normal breathing/ blood circulation

Question 6

Asphyxia

Answer 6

The pressure applied to or on the neck, throat or both

Question 7

Suffocation

Answer 7

Blocking the nose, mouth or both

Question 8

Manually or using an aid

Answer 8

Manually - using their body directly against the person

Aid - using a weapon or tool (a pillow case or show lace, or the victims own body)

Question 9

Do injuries need to be present to charge

Answer 9

No, as impedes does not imply excessive force needed