Non Fatal Strangulation
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Defending An Allegation of Non Fatal Strangulation
Section 70 Domestic Abuse Act 2021 (DA Act 2021) introduced the offences of non-fatal strangulation and non-fatal suffocation.
A person convicted of either of the offences face a maximum prison sentence of up to five years. Recent case law suggests that an 18 month starting point in such cases should be followed, this shows how very seriously the courts will take such offending.
If accused of an offence of intentional strangulation or suffocation our lawyers can help. We are meticulous in our preparation of such cases and getting to the bottom of the truth in the domestic allegations.
Domestic allegations can be made maliciously and there is often a reason, maybe the break down of a marriage or financial disputes. We are here to help and support you and take a no stone un-turned approach in defending false allegations of non fatal strangulation.
Non Fatal Strangulation
There is no legal definition of strangulation, and therefore it is to be given its ordinary meaning which is; the obstruction or compression of blood vessels and/or airways by external pressure to the neck impeding normal breathing or circulation of the blood. This offence applies where the strangulation does not result in the complainant's death.
There is no requirement for the prosecution to prove any injury or harm caused as a result of the strangulation so long as it is intentional.
Non-fatal suffocation
Section 75A(1)(b) Serious Crime Act 2015 defines the offence of non-fatal 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 non-fatal strangulation which requires pressure to the neck.
Methods of non-fatal 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
Defences
Consent
If it can be shown that the complainant consented to the strangulation or suffocation this would be a full defence to the accused. Consent may be given to such acts during sexual intercourse whereby it is agreed between the parties that these are acts they intend to carry out.
However, this defence is limited by section 75A(3) of the Serious Crime Act 2015, which sets out that consent would not be a defence if the complainant suffered serious harm as a result, and either there was the intention to cause the complainant serious harm or the accused was reckless as to whether serious harm would be caused.
Sentence for Non Fatal Strangulation or Suffocation
Sentencing guidelines published on 1st January 2025 now provide judges and Magistrates with sentencing guidelines to work with when sentencing a defendant convicted of an offence of non fatal strangulation and/or suffocation.
| Category A | Category B | Category C | |
|---|---|---|---|
| Harm 1 | Starting Point: 3 years 6 months' custody | Starting Point: 2 years 6 months custody | Starting Point: 1 year 6 months custody. |
| Category Range: 2-4 years' - 6 months' custody | Category Range: 1 year 6 months' custody - 3 years 6 months custody | Category Range: 1 year custody - 3 years' custody. | |
| Harm 2 | Starting Point: 2 years 6 months' | Starting Point: 1 year 6 months custody. | 1 year custody |
| Category Range: 1 year 6 months' custody - 3 years 6 months custody | Category Range: 1 years' custody - 3 year's custody 6 months. | Category Range: High level community order - 2 years 6 months custody |
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