Coroner recommends new crime on nonlethal strangulation

A new crime of nonlethal strangulation or choking should be introduced, a coroner has found.

Jodi Eaton’s family today backed the Coroner’s recommendation. Picture: Supplied

A new crime of nonlethal strangulation or choking should be introduced in response to evidence violent men who repeatedly inflict such assaults on women become killers, a coroner has found.

Tasmanian Coroner Olivia McTaggart today made the recommendation in findings related to the death of 28-year-old mother of two Jodi Eaton, strangled to death by Darren Michael Dobson in February 2014.

Ms McTaggart noted that prior to killing Ms Eaton, Dobson had been found guilty of four violent offences against other women involving the use of strangulation or choking, with another unreported.

“(This) clearly indicates Mr Dobson’s propensity to assault females by choking, strangling or holding them to the throat,” she found.

She noted at the time Dobson killed Ms Eaton, he was subject to a good behaviour order for such an assault, and was on bail for separate offences that included choking his partner.

“This investigation raises issues associated with non-fatal strangulation as a risk factor for subsequent homicide,” she said.

“There is increasing awareness that non-fatal strangulation, particularly in the domestic violence context, is associated with future serious abuse and fatality and that increased awareness and targeted responses to the issue are necessary from the medical, policing, counselling and law reform sectors.

“Ms Eaton was not, and never had been, in a domestic relationship with Mr Dobson. However, the means by which he killed Ms Eaton was characteristic of the means of violence employed by him to assault other women, both partners and non-partners.”

She recommended Tasmania follow New South Wales, ACT, South Australia and Queensland in enacting a crime of choking, suffocation and strangulation as a separate offence punishable by imprisonment of between five and 10 years.

Western Australia is also considering adopting such an offence, which Ms McTaggart noted a 2014 report concluded was “more likely to ensure that appropriate charges are laid and penalties applied”.

“It is appropriate that the Tasmanian government give consideration to enacting such an offence,” she said, adding that an existing provision of its Criminal Code was unlikely to apply to in many situations, including domestic violence.

Ms Eaton’s family today backed the Coroner’s recommendation and Attorney-General Elise Archer pledged to consider the move.

“The government is committed to strengthening legal responses to family and sexual violence,” Ms Archer said. “The Coroner’s recommendation will be considered in the context of this commitment.”

In response to Ms Eaton’s killing, the state Director of Public Prosecutions has amended guidelines to ensure more cases involving choking, smothering or strangulation are prosecuted under offences punishable by up to 21 years’ imprisonment.