A strangulation charge is one of the most serious charges that can come out of a domestic incident, and it affects bail from the very start. Talk to Joseph Rahim as early as you can.
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The offence is choking, suffocation or strangulation in a domestic setting, under section 315A of the Criminal Code Act 1899 (Qld). The prosecution must prove that:
That you and the other person were in a domestic relationship, such as an intimate, family or informal care relationship, or that the act was associated domestic violence, for example towards a child, relative or associate of the person protected.
Applying pressure to the neck that completely or partially restricts breathing or blood circulation counts. Breathing does not have to stop completely, and no injury has to be shown.
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Every matter is different, but most follow this order.
You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.
You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.
Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.
The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.
Injury is not an element. A charge can proceed without any visible injury.
Contact can breach bail conditions or a domestic violence order, even if they contact you first.
Because you must show cause, a bail application needs proper preparation, including where you will live and conditions that answer the court’s concerns.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
No. Injury is not an element, and breathing does not have to stop completely.
Not for an adult. It must be dealt with on indictment, usually in the District Court.
It is a show cause offence, so bail must be refused unless you show why your detention is not justified. A well-prepared application matters.
No. It covers intimate, family and informal care relationships, and associated domestic violence towards a child, relative or associate of the person protected.
Yes. It is free, confidential and comes with no obligation.
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The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.
0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
