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    Western Australia Strangulation Law

    WESTERN AUSTRALIA

    The Criminal Code

    Part V Offences against the person and relating to parental rights and duties and against the reputation of individuals

    Chapter XXIX Offences endangering life or health s. 298

    1. Suffocation and strangulation

    A person commits a crime if the person unlawfully impedes another person’s normal breathing, blood circulation, or both, by manually, or by using any other aid —

    1. (a)  blocking (completely or partially) another person’s nose, mouth, or both; or
    2. (b)  applying pressure on, or to, another person’s neck.

    Alternative offence: s. 313. Penalty:

    (8)

    In subsections (5) and (6) —
    prescribed circumstances means any of these circumstances —

    (a)

    where the offence is committed in the circumstances set out in subsection (4)(a) or (b) and the public officer is —

    1. (i)  a police officer; or
    2. (ii)  a prison officer as defined in the Prisons

    Act 1981 section 3(1); or

    (iiia) a person appointed under the Young Offenders

    Act 1994 section 11(1a)(a); or
    (iii) a security officer as defined in the Public

    Transport Authority Act 2003 section 3;
    where the offence is committed in the circumstances set

    out in subsection (4)(d)(i), (f) or (g).

    (b)

    (a) (b)

    if the offence is committed in circumstances of aggravation, imprisonment for 7 years; or

    in any other case, imprisonment for 5 years.

    Summary conviction penalty:

    1. (a)  in a case to which the Penalty paragraph (a) applies, imprisonment for 3 years and a fine of $36 000; or
    2. (b)  in a case to which the Penalty paragraph (b) applies, imprisonment for 2 years and a fine of $24 000.

    [Section 298 inserted: No. 30 of 2020 s. 6.]

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