Punishment In Tsaccounis V. R (NSWCCA)

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Recommended: Offences against the person act case 1800

The provisions within section 37 of the Crimes Act 1900 outline a maximum penalty of ten years imprisonment if found guilty of deliberately and negligently choking, suffocating or strangling an individual and rendering them unconscious or unable to resist. It further outlines a maximum penalty of 25 years imprisonment if found guilty of committing such act with additional intention for a further indictable offence to be committed. A further indictable offence is to be interpreted as an additional offence other than that accounted for within this provision. (a) In both Tsaccounis v R [2016] NSWCCA 163, and R v Peifeng Yu [2016] NSWDC 257, pursuant with section 37 of the Crimes Act 1900, the offender is found guilty of non-fatally attempting to choke the complainant, with further intention to commit an indictable offence and intimidate, whilst the two were in a domestic relationship, as defined by section 5 (c), (d), and (e) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). These cases were located using LexisNexis, narrowing the result using search terms such as “choking” and “domestic”, combined with entering the Crimes Act 1900 as the legislation judicially considered. (2) …show more content…

Furthermore, s 315A provides that if an individual illicitly chokes, suffocates or strangles another without consent within the specific context of a domestic relationship, family or a domestic violence situation, as per the definition produced within the Domestic and Family Violence Protection Act 2012, the individual is liable to a maximum of seven years

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