Non fatal offences - strangulation/suffocation Flashcards

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1
Q

Definition of strangulation

A
  • 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
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2
Q

Punishment for strangulation

A
  • 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
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3
Q

Actus reus for strangulation

A
  • Strangles or commits a battery that affects B’s ability to breathe
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4
Q

Mens rea for strangulation (2)

A
  • 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.
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