Attorney-General Kyam Maher promises priority review of strangulation laws following another suspended prison term

Yet another man has avoided a prison cell despite strangling his partner into unconsciousness – and the AG says state law will be reviewed as a priority.

Another domestic violence abuser has avoided jail for strangling their partner unconscious – prompting the State Government to review existing laws “as a priority”.

The District Court has suspended Joshua James Swatland’s sentence, and ordered he perform community service, for placing his girlfriend in a headlock until she passed out.

His case is in line with statistics revealed by The Advertiser that show the damning lack of success strangulation laws, introduced by the former Liberal Government in 2019, have had.

Just 1.9 per cent of strangulation cases end in conviction, with only 1.5 per cent of those offenders sentenced to immediate prison terms.

Attorney-General Kyam Maher said both the statistics and Swatland’s case warranted immediate scrutiny.

“I am seeking advice about the sentence and have asked my Department to undertake a review of the effectiveness of this offence as a priority,” he said.

Swatland, 24, of Oaklands Park, pleaded guilty to choking, suffocating or strangling a person, with whom he was in a relationship, without their consent.

In sentencing, Judge Simon Stretton said Swatland had “gone through” his girlfriend’s mobile phone without her permission, prompting her to tell him to leave.

“A heated argument ensued … she threw her phone at you and pushed you with both hands to your chest … you are, of course, a larger male who was under no danger from her,” he said.

“However, you became particularly angry, grabbed her from behind around the neck and commenced to choke her … you (later) described this to police as a headlock.

“She could not breathe for about 45 seconds and started to feel herself going unconscious … you let her go and pushed her in the back … she fell forward and hit her chin on the floor.”

He said the woman had decided to forgive Swatland “which is a testament to her good nature rather than anything positive about you”.

He noted Swatland’s ongoing mental health and substance abuse issues but said they could not excuse his offending.

“The community is no longer tolerant, if it ever was, of people perpetrating domestic violence on their partners … it is never the answer, it cannot be the answer in the future,” he said.

“You should, as you indeed said to police, have just walked away – none of this would have happened if you just walked away.”

Judge Stretton jailed Swatland for eight months and 23 days, suspended on condition of a three-year, $100 good behaviour bond with 150 hours of community service.

“That is often a very positive experience for the people who are involved in it … you often learn new skills and activities,” he told Swatland.

If you or someone you know needs assistance

Lifeline: 13 11 14 or lifeline.org.au

Beyond Blue: 1300 224 636 or beyondblue.org.au

Domestic violence support: 1800 RESPECT (1800 737 732) or 1800respect.org.au

Kids Helpline: 1800 551 800 or kidshelpline.com.au

Mensline Australia: 1300 789 978