Strangulation or suffocation Flashcards
Q: What is the law on strangulation or suffocation?
Serious Crime Act 2015, s75A
(1) A person (‘A’) commits an offence if—
(a) A intentionally strangles another person (‘B’), or
(b) A does any other act to B that—
(i) affects B’s ability to breathe, and
(ii) constitutes battery of B.
This offence applies where strangulation is non-fatal and does not result in the death of V.
Q: What type of offence is strangulation or suffocation?
Triable either way
Maximum sentence of 5 years
Q: What are the 2 offences under s75A?
(1)(a)- concerns the intentional strangulation of another
(1)(b)- concerns doing an act to another which affects their ability to breathe and which constitutes a battery (act of suffocation)
Q: How is strangulation or strangles defined?
Legislation does not provide a definition of strangulation or strangles.
The words should be given their ordinary meaning which is the obstruction or compression of blood vessels and/or airways by external pressure to the neck, impeding normal breathing or circulation of the blood.
Applying any form of pressure to the neck either gently or with some force could obstruct or compress the blood vessels or airways.
Strangulation does not require a particular level of pressure of force within its ordinary meaning and does not require any injury.
Q: Examples of non-fatal strangulation activities (non-exhaustive)
CPS guidance gives examples of non-fatal strangulation:
- one or two hands held around the neck of a person
- chokehold or headlock
- external pressure applied by an arm around the neck
- scarf or belt tightened around the neck
- hanging
- pressure on the neck from a foot or knee
Q: What is the MR for non-fatal strangulation?
For this offence, there is no requirement for prosecutors t prove that A had an intention to cause injury to B. the relevant MR is A intended to commit the act of non-fatal strangulation.
It requires an intentional act and the offence cannot be committed recklessly.
Q: What is the offence of non-fatal suffocation?
The offensive act is anything which affects V’s ability to breathe, and which also amounts to a battery.
Battery can be intentional or reckless, which makes the suffocation offence wider than the strangulation.
Q: Example of suffocation acts
Suffocation or acts which affect the ability to breath could include:
- putting a hand over the nose and mouth
- compressing the chest
- any other force applied to V to cause a restriction of breath or deprive them of air
Q: What is the defence to both forms of the offence?
s75A(2) It is a defence to an offence under this section for A to show that B consented to the strangulation or other act.
Where a person consents to an act that amounts to no more than a battery, a consent of V is a valid defence for the person who committed the battery.
Q: When does the defence not apply?
S75A(3) But subsection (2) does not apply if—
(a) B suffers serious harm as a result of the strangulation or other act, and
(b) A either
(i) intended to cause B serious harm, or
(ii) was reckless as to whether B would suffer serious harm
In other words, a person cannot validly consent to having serious harm inflicted on them and the person who inflicts such serious harm will have no defence if they did so intentionally or recklessly.
Q: What does s75A(3)(b) clarify?
Serious harm must be intended by the perpetrator, or the perpetrator is reckless as to the other person suffering serious harm. This means that where a person intends to inflict harm that amounts only to a battery and the other person consents to that act, but where serious harm occurs, a valid defence of consent would only be available where the prosecution cannot prove they intended to cause serious harm or were reckless as to serious harm being caused.
Q: What does ‘serious harm’ mean?
S75A(6) ‘Serious harm’ means-
(a) grievous bodily harm, within the meaning of s18 OAPA 1861
(b) wounding, within s18 or
(c) ABH, within s47.
Q: What if the strangulation or suffocation is committed outside the UK?
S75B Serious Crime Act 2015- extends the offence of strangulation or suffocation extra-territorial.
(1) If-
(a) a person does an act in a country outside the United Kingdom,
(b) the act, if done in England and Wales, would constitute an offence under section 75A, and
(c) the person is a United Kingdom national or is habitually resident in England and Wales, the person is guilty in England and Wales of that offence.
