Strangulation / Suffocation
STOCKPORT | MANCHESTER | NORTH WEST
If you are found guilty of strangulation or suffocation offences, the consequences can be severe. Call us for immediate advice by telephone on 0161 477 1121.
What is tHE offence of STRANGULATION / SUFFOCATION
Section 70 Domestic Abuse Act 2021 (DA Act 2021) introduced the offence of strangulation or suffocation. Schedule 2, paragraph 4 DA Act 2021 introduced the offence of racially or religiously aggravated strangulation or suffocation. The offence came into force on 7 June 2022 and is not retrospective.
DEFINITION
The legislation states the following:
Section 75A(1) a person (“A”) commits an offence if:
- A intentionally strangles another person (“B”), or
- A does any other act to B that –
- affects B’s ability to breathe, and
- constitutes a battery of B.
The Offence of Strangulation
Section 75A(1)(a) SCA 2015 is the offence of strangulation.
The legislation does not provide a definition of ‘strangulation’ or ‘strangles’. A definition which may be applied is: the application of force or pressure by the defendant to the victim’s neck, whether using their hands or other means.
The Crown Court Compendium states the dictionary definition is, ‘the action or process of stopping respiration by compression of the air passage especially by a sudden and violent compression of the windpipe.’
There is no special legal definition. The word should be given its ordinary meaning which is the application of pressure or compression around the neck.
This offence applies where strangulation does not result in death of the victim.
Strangulation does not require a particular level of pressure or force within its ordinary meaning, it does not require any injury, and it does not require proof of a consequence such as impeded breathing or circulation.
Some dictionary definitions of the word “strangle” link the word to an intention to kill or the causing of death. The statute however does not require an intention to kill nor any link to death.
The common methods of strangulation are:
- manual – one or two hands held around the neck of a person
- chokehold or head lock – external pressure applied by an arm around the neck
- ligature – for example a scarf or belt tightened around the neck
- hanging
- pressure on the neck from a foot or knee
The above list is not exhaustive.
For this offence there is no requirement for prosecutors to prove that “A” had an intention to cause injury to “B”.
The relevant mental element is that “A” intended to commit the act of strangulation.
It requires an intentional act: the offence cannot be committed recklessly.
Other Considerations
Section 75A(1)(b) SCA 2015 is the offence of suffocation.
The legislation does not provide a definition of ‘suffocation’. The word should be given its ordinary meaning which is to deprive a person of air which affects their normal breathing.
This definition is wider than that of strangulation which requires pressure to the neck.
Methods of suffocation could include:
- putting a hand over the mouth and nose
- compressing the chest
- any other force or suppression applied to a person to cause a restriction of breath
The above list is not exhaustive: the legislation is widely drafted to include someone who ‘does any other act’.
Therefore, any action that causes a person to be deprived of air which affects their normal breathing could be considered to fall within the definition.
To complete the offence of suffocation, prosecutors must also prove that an offence of battery has occurred.
This legislation also does not provide a definition of battery. Its legal meaning is derived from caselaw: the intentional or reckless application of unlawful force to another person.
Therefore, the mental element of this offence is wider than strangulation as it can be committed intentionally or recklessly.
PROVIDING DEFENCE
Section 75A(2) SCA 2015 provides a statutory defence for A to show that B consented to the strangulation or other act. However, this is a limited by section 75A(3) SCA 2015 which states the defence does not apply if:
- B suffers serious harm as a result of the strangulation or other act, and
- A either –
- intended to cause B serious harm, or
- was reckless as to whether B would suffer serious harm.
The legislation goes on to provide a definition of ‘serious harm’ in section 75A(6) SCA 2015 as:
- grievous bodily harm (GBH) within the meaning of section 18 of the Offences Against the Person Act 1861,
- wounding within the meaning of section 18 of the Offences Against the Person Act 1861, or
- actual bodily harm (ABH), within the meaning of section 47 Offences Against the Person Act 1861.
This gives legislative effect to the decision in R v Brown [1993] UKHL 19 which decided that consent by the victim to the infliction of any injury amounting to ABH, unlawful wounding or GBH did not provide a suspect or defendant with a defence save in special circumstances.
This offence is viewed very seriously by the courts and these cases often proceed to the crown court. You should seek legal advice from us immediately and we can assist.
If you are accused of this offence it is critical that you seek immediate advice – please contact us on 0161 477 1121 or email us on using the form at the bottom of this page.
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