Choking, suffocation or strangulation in a domestic setting, under Section 20A of the Criminal Law Consolidation Act 1935 (SA).
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Major indictable offence
District Court of South Australia
Maximum penalty of 10 years imprisonment
Choking, Suffocation or Strangulation in a Domestic Setting Key Facts
| Offence |
It is an offence to choke, suffocate or strangle a person without that person's consent where the parties are, or have been, in a relationship (widely defined to include intimate partners and a range of family and care relationships). Two tiers of offending: - s 20A(1): choking/suffocation/strangulation without consent (no unconsciousness required). - s 20A(a1): choking/suffocation/strangulation without consent that causes harm such that the person is rendered unconscious. Definitions (from 1 May 2025): - Choking/strangling: applying pressure to the neck capable of affecting breath or blood flow to the head. - Suffocating: obstructing/interfering with the respiratory system or impeding respiration (no need to prove complete restriction of breath). |
| Maximum Penalty |
s 20A(a1): 10 years' imprisonment (where harm renders the person unconscious). s 20A(1): 7 years' imprisonment (no unconsciousness required). Conduct that is justified or excused by law cannot amount to an offence under this section. |
| Typical Sentence | Courts treat non-fatal strangulation as a strong indicator of escalation in family violence. Immediate imprisonment is common. Cases with unconsciousness, repeated episodes, children present, or breaches of orders attract substantial custodial terms. First matters with limited harm and strong mitigation may still result in custodial or suspended custodial outcomes. |
| Which Court? | Indictable offences that may be dealt with summarily (by consent) in the Magistrates Court or Youth Court. Otherwise, finalised in the District Court. Where dealt with summarily, the summary sentencing cap (5 years per offence) applies. |
| Process Timeline |
Report to police → Safety planning and Intervention Order considered → Charge/s and bail decision → Disclosure and medical/expert evidence → Committal (if indicted) or summary hearing → Sentencing if guilty. (Average: 6–12 months; complex matters longer) |
| Possible Defences |
1. Not “in a relationship” as defined: Relationship element not satisfied. 2. Consent: The conduct was consensual (note: consent is fact-sensitive and may not negate other charges if harm is caused). 3. No act within the statutory definitions: Pressure/contact did not meet the definition of choking/strangulation/suffocation. 4. No unconsciousness (for s 20A(a1)): Prosecution cannot prove harm rendering unconsciousness. 5. Self-defence/defence of another: Response was reasonable in the circumstances as believed. 6. Identification/factual dispute: Events did not occur as alleged; credibility/reliability issues; medical causation disputed. |
| What The Prosecution Must Prove |
- That the accused and the complainant were in a relationship (broad statutory list including intimate partners, family members, carers, kinship). - That the accused choked, suffocated or strangled the complainant (within the statutory definitions) without consent. Additional for s 20A(a1): - That the conduct caused harm such that the person was rendered unconscious. If the jury is not satisfied of s 20A(a1), it may return an alternative verdict of s 20A(1); if not satisfied of s 20A(1), an alternative verdict of assault may be returned if instructed and supported by the evidence. |
Choking, Suffocation or Strangulation Case Scenarios
Below are examples of how choking, suffocation or strangulation may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
High-Level Offence
Low-Level Offence
Scenario:
An individual placed their hands around their partner’s throat during an argument, squeezing for a few seconds. The partner was able to break free and did not lose consciousness, but reported pain and difficulty swallowing.
What to expect:
Charged with choking in a domestic setting without consent under section 20A(1) of the Criminal Law Consolidation Act 1935 (SA). The court imposed a sentence of 18 months imprisonment, reflecting the seriousness of the offence but noting the absence of lasting injury.
Mid-Level Offence
Scenario:
During a domestic dispute, a person grabbed their partner by the neck and applied pressure until the partner briefly lost consciousness and collapsed to the floor. They regained consciousness but required hospital observation.
What to expect:
Charged with choking causing unconsciousness in a domestic setting under section 20A(a1) of the Criminal Law Consolidation Act 1935 (SA). The court sentenced the offender to 3 years imprisonment with a non-parole period of 18 months.
High-Level Offence
Scenario:
An individual with a history of domestic violence convictions forced their partner against a wall and strangled them until they lost consciousness. The victim suffered visible injuries to the neck and ongoing breathing difficulties. The incident occurred in the presence of children.
What to expect:
Convicted of aggravated choking causing unconsciousness under section 20A(a1) of the Criminal Law Consolidation Act 1935 (SA). The court imposed 6 years imprisonment with a non-parole period of 4 years, citing the offender’s prior record and the aggravating circumstances.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
Our Results For Similar Offences
To view our past case results, please click the links below:
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Withdrawing a Charge of Aggravated Assault
Aggravated Assault Causing Serious Harm with Knife
Aggravated Assault Causing Serious Harm with Knife
2 Counts of Aggravated Unlawful Threat
2 Counts of Aggravated Unlawful Threat
Withdrawing a Charge of Aggravated Assault
Withdrawing a Charge of Aggravated Assault
Aggravated Assault, Application for Intervention Order
Aggravated Assault, Application for Intervention Order
Choking, Suffocation or Strangulation FAQ’s
If you need more information about choking, suffocation or strangulation in South Australia, these FAQs answer the most common questions.
What is the difference between s 20A(1) and s 20A(a1)?
s 20A(1) covers non-consensual choking/suffocation/strangulation (no unconsciousness required). s 20A(a1) adds the element that the harm rendered the person unconscious, and carries a higher maximum penalty.
From when do the new definitions apply?
From 1 May 2025. After this date, “choking/strangling” and “suffocating” have express statutory definitions. Incidents before that relied on common-law concepts.
What counts as “in a relationship” for this offence?
It is broadly defined and includes spouses, domestic partners, intimate partners, parent/child and extended family relationships, carers, people who live or regularly stay together, siblings, and kinship/family group relationships.
Do prosecutors need to prove actual breath stoppage?
No. It is enough to prove pressure to the neck capable of affecting breath or blood flow, or conduct that obstructs/interferes with respiration or impedes breathing.
Is visible bruising or petechiae required?
No. Many strangulation incidents leave minimal external marks. Medical and expert evidence (voice change, swallowing difficulty, dizziness, loss of consciousness) can establish the offence.
Can consent be a defence?
The section requires proof of absence of consent, so consent can negate liability for s 20A. However, consent is assessed carefully; if harm is caused or there are other offences (e.g., assault causing harm), different charges may still be considered on the facts.
What penalties apply on conviction?
Up to 7 years (s 20A(1)) or 10 years (s 20A(a1)). Courts frequently impose immediate imprisonment, especially for unconsciousness, repeat conduct, or offending in the presence of children.
Can these matters be dealt with in the Magistrates Court?
Yes, by consent, as major indictable offences triable summarily. If dealt with summarily, the court is limited by the 5-year cap per offence.
What evidence is commonly used?
Complainant testimony, medical notes, expert opinion on strangulation, photographs, audio/video, neighbours’ accounts, 000 records, and evidence of prior family-violence episodes or orders.
Is loss of consciousness hard to prove?
Not necessarily. Medical evidence, witness observations, and circumstantial indicators (collapse, incontinence, confusion, post-event symptoms) can prove unconsciousness to the criminal standard.
What if the accused says they were defending themselves?
Self-defence may apply if the response was reasonable in the circumstances as believed. The court scrutinises proportionality, immediacy, and available alternatives.
How do these charges interact with Intervention Orders?
Police may issue/apply to vary an Intervention Order urgently. Breaches of orders are separate offences and may aggravate sentence for the strangulation charge.
Can alternative verdicts be returned?
Yes. If not satisfied of s 20A(a1), a jury may convict of s 20A(1). If not satisfied of s 20A(1), and if directed, an assault verdict may be returned.
Do prior incidents matter?
Prior family-violence history (even if not resulting in conviction) can be relevant to risk and sentence. Prior convictions particularly elevate penalty.
How do these offences differ from general assault?
s20A specifically targets strangulation-type conduct in a domestic setting with higher maximums and clear definitions, recognising the elevated lethality risk and the need for specific deterrence.
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