Media statement
New sentencing data on the offence of strangulation released by the Queensland Sentencing Advisory Council has found people sentenced for this offence are receiving longer terms of imprisonment.
In the seven years since the strangulation offence was introduced, the average length of imprisonment imposed has increased from 2.0 years in 2016-17 to 2.7 years in 2022-23, with an average sentence of imprisonment of 2.5 years for the whole period.
Since 5 May 2016, when the strangulation offence began operating in Queensland, 1,971 people have been sentenced for 2,012 cases involving strangulation and almost 99% of people sentenced receive a custodial sentence.
This Sentencing Spotlight on choking, suffocation or strangulation in a domestic setting updates an earlier Spotlight published in May 2019 with a further five years of additional data.
Council Deputy Chair Professor Elena Marchetti said the offence was introduced in Queensland in 2016, following a recommendation of the Not Now, Not Ever Special Taskforce report on domestic and family violence.
“The Taskforce found strangulation was an indicator for victims being at increased risk of harm and a key predictor of domestic homicide,” Professor Marchetti said.
“It recommended that a standalone offence be established with an appropriate penalty applied to account for this increased risk. The offence as introduced carries a maximum penalty of seven years imprisonment.”
Professor Marchetti said this Sentencing Spotlight has been released to coincide with Domestic and Family Violence Prevention Month, held in May each year, and will also inform the Council’s current review of sentencing for domestic violence offences.
“The Council has been asked to explore the impact of the legislated aggravating factor for domestic violence offences on sentences, and whether it is affecting victims’ satisfaction with the sentencing process,” she said.
“In addition, the Council will consider how the increase in maximum penalties for contravening a domestic violence order may have affected sentencing trends and outcomes since these changes came into effect.”
The full Sentencing Spotlight can be accessed at https://www.sentencingcouncil.qld.gov.au/statistics/type-of-offence/choking-suffocation-strangulation.
For further information on the review visit https://www.sentencingcouncil.qld.gov.au/projects/sentencing-sexual-and-domestic-violence/domestic-violence-as-an-aggravating-factor
Warning to readers:
Strangulation is a life-threatening assault. It is important that people who have experienced strangulation talk to their doctor, a health worker or a specialist medical service as soon as possible. If your life is in danger, call 000 (ambulance or police) or 131 444 for non-urgent police assistance. For further information about domestic and family violence support please visit https://www.qld.gov.au/community/getting-support-health-social-issue/support-victims-abuse/domestic-family-violence
Contact: Andrew Dunne
Phone: 0459 887 077
Email: media@sentencingcouncil.qld.gov.au