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.]