Non fatal offences - strangulation/suffocation Flashcards
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
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
3
Q
Actus reus for strangulation
A
- Strangles or commits a battery that affects B’s ability to breathe
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.