Choking, Suffocation, and Strangulation (SA)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Every state and territory of Australia now has a standalone offence consisting of non-fatal strangulation. This offence is constituted differently in different jurisdictions. In South Australia, the offence is governed by section 20A of the Criminal Law Act Consolidation Act 1935. This page outlines the offence of strangulation in South Australia.

These criminal offences represent a significant development in Australian family violence legislation, recognising the serious nature of non-fatal strangulation and its connection to escalating domestic violence. Understanding the legal implications, penalties, and processes involved in strangulation charges is crucial for both legal practitioners and individuals who may be affected by these laws.

Introduction of the offence of strangulation

Legislative Background and Reform

The offence of strangulation was introduced to the South Australian criminal law in 2019. This occurred because of a recognition that choking, suffocation, and strangulation are acts of violence that are often a precursor to homicide in a family violence context. Statistically, a person who is the victim of a strangulation offence is seven times more likely to subsequently become the victim of a fatal family violence assault.

The introduction of these laws followed extensive consultation with legal experts, domestic violence advocates, and medical professionals. The legislation was designed to address gaps in existing assault charges that failed to capture the unique and dangerous nature of strangulation offences.

Recent Legislative Review

During 2023, the strangulation laws in South Australia were reviewed. The review found that complainants in domestic violence prosecutions needed to be better supported during the criminal process due to the length of time it takes for a strangulation matter to be finalised. It also found that changes were needed to the legislation to clarify elements of the offence.

This review highlighted the need for improved victim support services and streamlined court processes to reduce the trauma experienced by complainants during lengthy legal proceedings.

The offence of strangulation

Elements of the Offence

It is an offence for a person to choke, suffocate, or strangle another person with whom they are in our domestic relationship without the other person's consent. This offence attracts a maximum penalty of seven years imprisonment.

To secure a conviction, the prosecution must prove beyond reasonable doubt that the accused intentionally applied pressure to the complainant's neck or blocked their breathing, that the parties were in a domestic relationship, and that the act occurred without consent. The prosecution must also establish that the accused intended to restrict the complainant's normal breathing or blood circulation.

Aggravating Factors

Courts consider various aggravating factors when determining sentences for strangulation offences, including the duration of the strangulation, the presence of children, previous domestic violence history, and the level of injury caused. These factors can significantly impact the severity of penalties imposed.

What is strangulation?

Medical Definition and Types

Strangulation occurs when a person is breathing is restricted by pressure on the outside of the throat. Strangulation can cause death within a short period of time. It can also cause death days or even weeks later.

There are several types of strangulation recognised in criminal law: manual strangulation using hands, ligature strangulation using objects like ropes or cables, and hanging strangulation. Each type can cause serious medical complications and carries similar legal consequences under South Australian law.

Medical Consequences

Victims of strangulation may suffer a range of medical consequences including difficulty breathing, difficulty swallowing, nausea, strokes, blood clots, and loss of consciousness.

Additional complications can include voice changes, neck pain, neurological damage, and psychological trauma. Even when no visible injuries are present, internal damage may have occurred, making medical evaluation crucial for all strangulation victims.

What is a domestic relationship?

Scope of Domestic Relationships

A domestic relationship includes:

• spouses
• partners
• parents and children
• siblings
• Other family relationships

The definition extends beyond marriage and de facto relationships to include former partners, extended family members, and people who have lived together in a domestic arrangement. This broad interpretation ensures comprehensive protection for all individuals who may be vulnerable to domestic violence.

Proving Domestic Relationships

Courts examine various factors to establish domestic relationships, including cohabitation history, financial interdependence, shared responsibilities, and the nature of the emotional relationship. Documentary evidence such as lease agreements, joint bank accounts, or witness testimony may be used to prove these relationships.

Defences

Common Legal Defences

A person who is charged with the offence of choking, suffocation, or strangulation may rely on a legal defence. For example, a person may rely on the defence of self defence if the conduct was carried out in response to our physical threat and the conduct was a proportionate response to the level of violence the accused believed themselves to be facing. A person would also have a defence to a charge of choking, suffocation, or strangulation if the act took place consensually.

Other potential defences include accident, where the strangulation was unintentional, or necessity, in rare circumstances where the action was taken to prevent greater harm. Mental impairment defences may also be available in specific cases involving psychological conditions that affect understanding or control.

Burden of Proof in Defences

While the prosecution bears the burden of proving guilt beyond reasonable doubt, defendants raising certain defences must present evidence supporting their claims. The strength of available evidence often determines the viability of potential defences in strangulation cases.

Court Processes and Penalties

Jurisdiction and Court Procedures

the offence of choking, suffocation, or strangulation is an indictable offence that can be dealt with summarily. This means that, with the consent of the parties, it may be finalised in a lower court — the Magistrates Court or the Children's Court. It may also be finalised by a judge in a higher court after a committal proceeding.

When a matter is dealt with in a lower court, the maximum penalty that can be imposed for a single offence is five years imprisonment.

Sentencing Considerations

Judges consider numerous factors when sentencing strangulation offences, including the offender's criminal history, the impact on the victim, prospects for rehabilitation, and community protection needs. Non-custodial sentences may include intensive supervision orders, community service, and mandatory counselling programs.

Investigation and Evidence Collection

Police Investigation Procedures

Law enforcement agencies have developed specialised protocols for investigating strangulation offences, recognising their unique evidentiary challenges. Police officers receive training to identify signs of strangulation, document physical evidence, and interview victims using trauma-informed approaches.

Medical Evidence and Expert Testimony

Medical evidence plays a crucial role in strangulation prosecutions. Forensic medical examinations can identify internal injuries not visible externally, while expert testimony helps courts understand the medical implications of strangulation and the timeline of injury development.

Support Services and Victim Rights

Victim Support Programs

South Australia provides various support services for strangulation victims, including counselling services, legal aid, and safety planning assistance. These services recognise the unique trauma associated with strangulation offences and