New Sentencing Guidelines for Strangulation and Suffocation Offences

Harm

When sentencing a defendant the court will firstly be required to establish the harm caused to the complainant. Harm is separated into two categories, level 1 harm caused is the most serious and would put a defendant in the higher sentencing brackets.

Harm Category 1   - A category 1 offence results in a severe physical injury or psychological condition which has a substantial and long-term effect on the victim’s ability to carry out their normal day-to-day activities or on their ability to work. 

Harm Category 2  - All other cases 

Culpability

 The guideline defines culpability as follows:

Category A 

• Sustained or repeated strangulation or suffocation 
• Use of ligature 

Category B 

Cases falling between category A or C because: 

• Factors in both high and lesser categories are present which balance each other out; and/or 
• The offender’s culpability falls between the factors as described in high and lesser culpability 

Category C 

• Fleeting incident and voluntary resistance 
• Excessive self-defence 
• Mental disorder or learning disability, where linked to the commission of the offence 

The guideline goes on to consider factors increasing seriousness and factors reducing seriousness, referred to as aggravating and mitigating factors.  These factors will be considered in each case and can vary dependent on the circumstances of the offending and the personal circumstances of the defendant.

Aggravating Factors

Statutory Aggravating Factors: 

• Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction 
• Offence committed whilst on bail 
• Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: disability, sexual orientation or transgender identity 

Other Aggravating Factors: 

• Offence committed in domestic abuse context 
• Victim isolated and unable to seek assistance 
• Offence was committed against person providing a public service, performing a public duty or providing services to the public 
• History of violence or abuse towards victim by offender 
• Victim pregnant at time of offence 
• Presence of children 
• Gratuitous degradation of victim 
• Abuse of trust or power 
• Any steps taken to prevent the victim reporting an incident, obtaining assistance and/or from assisting or supporting the prosecution 
• Commission of offence whilst under the influence of alcohol/drugs 
• Offence committed whilst on licence or post sentence supervision 
• Failure to comply with current court orders 

Factors Reducing Seriousness and Potentially Mitigate a Defendant's Position

• No previous convictions or no relevant/recent convictions
• Remorse
• Good character and/or exemplary conduct
• History of significant violence or abuse towards the offender by the victim
• Age and/or lack of maturity
• Mental disorder or learning disability, where not linked to the commission of the offence
• Sole or primary carer for dependent relative(s)
• Pregnancy, childbirth and post-natal care
• Determination and/or demonstration of steps taken to address addiction or offending behaviour
• Serious medical conditions requiring urgent, intensive or long-term treatment
• Difficult and/or deprived background or personal circumstances
• Prospects of or in work, training or education

Non Fatal Strangulation Lawyers

Our team have a proven track record of successfully defending suspects accused of non fatal strangulation and/or suffocation. We apply a specialist and pro-active approach during police investigations by taking part in pre-charge engagement with the investigating police force, working with our client to advance their defence before charges are considered by the CPS.  Also during court proceedings, working towards stopping a prosecution or reaching not guilty verdicts for our clients.

We offer a free initial consultation where we will discuss your case with you, your background and personal circumstances. Following our discussions our lawyers will put into place a carefully planned strategy to protect your position, legal rights and interests.

If you have been accused of an offence of non fatal strangulation or suffocation, let our team help you.