New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 37

37 Choking, suffocation and strangulation

(1A) A person is guilty of an offence if the person intentionally chokes, suffocates or strangles another person without the other person's consent.

: Maximum penalty--imprisonment for 5 years.

(1) A person is guilty of an offence if the person--

(a) intentionally chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and

(b) is reckless as to rendering the other person unconscious, insensible or incapable of resistance.

: Maximum penalty--imprisonment for 10 years.

(2) A person is guilty of an offence if the person--

(a) chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and

(b) does so with the intention of enabling himself or herself to commit, or assisting any other person to commit, another indictable offence.

: Maximum penalty--imprisonment for 25 years.

(3) In this section--

"another indictable offence" means an indictable offence other than an offence against this section.