PART 5Protection of children and others

F2Strangulation or suffocation

Annotations:
Amendments (Textual)
F2

Ss. 75A, 75B and cross-heading inserted (E.W.) (7.6.2022) by Domestic Abuse Act 2021 (c. 17), ss. 70(1), 90(6); S.I. 2022/553, regs. 1(2), 3(a)

75AStrangulation or suffocation

1

A person (“A”) commits an offence if—

a

A intentionally strangles another person (“B”), or

b

A does any other act to B that—

i

affects B's ability to breathe, and

ii

constitutes battery of B.

2

It is a defence to an offence under this section for A to show that B consented to the strangulation or other act.

3

But subsection (2) does not apply if—

a

B suffers serious harm as a result of the strangulation or other act, and

b

A either—

i

intended to cause B serious harm, or

ii

was reckless as to whether B would suffer serious harm.

4

A is to be taken to have shown the fact mentioned in subsection (2) if—

a

sufficient evidence of the fact is adduced to raise an issue with respect to it, and

b

the contrary is not proved beyond reasonable doubt.

5

A person guilty of an offence under this section is liable—

a

on summary conviction—

i

to imprisonment for a term not exceeding F3the general limit in a magistrates’ court (or 6 months, if the offence was committed before F12 May 2022), or

ii

to a fine,

or both;

b

on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or both.

6

In this section “serious harm” means—

a

grievous bodily harm, within the meaning of section 18 of the Offences Against the Person Act 1861,

b

wounding, within the meaning of that section, or

c

actual bodily harm, within the meaning of section 47 of that Act.