Government announces new domestic violence choking offence
Offenders who choke, smother or strangle their partners would face jail terms of up to 21 years under new laws announced by the government. LATEST >>
Tasmania
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THE Tasmanian government will draft legislation to make non-fatal strangulation a stand-alone offence to reflect the seriousness of the act, Attorney-General Elise Archer says.
The new laws would impose a maximum sentence of 21 years and would be brought before parliament as a matter of priority, Ms Archer said in Hobart on Thursday.
Calls for the creation of the offence followed the 2014 killing of Jodi Eaton at Bridgewater at the hands of a repeat offender.
Coroner Olivia McTaggart noted that non-fatal strangulation, particularly in the domestic
violence context was associated with future serious abuse and fatality and recommended the creation of an indictable offence of choking, suffocation or strangulation.
Ms Archer said she hoped to draft and consult on legislation this year and present it to parliament early next year.
“The protection and safety of victim survivors of family violence and their children is a priority for the Tasmanian Government and we recognise that non-fatal strangulation, choking or suffocation is a significant form of violence, which can often lead to more violent family violence behaviour,” she said.
“The government has listened to our stakeholders and the community which is why we will introduce a stand-alone offence – as we said we would at the election – and strengthen our laws, to the benefit of everyone in the community.
“The Department of Justice will immediately start consultation with relevant stakeholders on the elements of the criminal offence, including elements of intent, harm and recklessness, which will form a draft Bill that will be taken to parliament.”
Ms Archer commissioned the Sentencing Advisory Council to look at how courts deal with relevant cases.
The SAC identified 77 cases of non-fatal strangulation before the courts in Tasmania.
It found that 92 per cent were assaults inflicted by an intimate partner and almost 95 per cent resulted in sentences of imprisonment, of between six months and six and a half years.
“Over the past five years, as evident in charging practice of the Office of the Director of Public Prosecutions and judicial comment from the Supreme Court, there has been a clear recognition of the seriousness of non-fatal strangulation, particularly in the context of family violence,” the report noted.
“The Court of Criminal Appeal has also highlighted the seriousness of strangulation and smothering by focusing on its inherent risk rather than the identification of physical injury resulting from the assault.
“The court has also highlighted the unique capacity of strangulation to be used as a means of coercion and control in a domestic relationship.”
The council recommended the government amended the legislation to make strangulation and suffocation are aggravating circumstances ion offences, to record incidents on offenders’ criminal records in both family violence and non-family violence offences.
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