A strangulation charge in QLD is laid under section 315A of the Criminal Code, choking, suffocation or strangulation in a domestic setting, and carries a maximum of 7 years imprisonment. For adults, bail must be refused unless the accused shows cause, the charge cannot be finalised summarily in the Magistrates Court, and almost every sentence recorded in the Queensland sentencing data has been custodial. This guide explains what the prosecution must prove, who counts as being in a domestic relationship, how bail and the court process work, and what the sentencing data shows.
The law in this article is stated as at October 2026. It is general information, not legal advice about your situation.
What the prosecution must prove for a strangulation charge in QLD
Under section 315A of the Criminal Code Act 1899 (Qld), the prosecution must prove that the accused:
- unlawfully choked, suffocated or strangled another person
- did so without that person’s consent
- was in a domestic relationship with that person, or the conduct was associated domestic violence under the Domestic and Family Violence Protection Act 2012.
The Code now states that a person is taken to choke, suffocate or strangle another person if they apply pressure to the other person’s neck that completely or partially restricts their breathing or blood circulation, or both. That description does not limit the offence, so other conduct can still fall within it.
Assault is not an element of the offence. The prosecution does not need to prove an assault, and the elements of the offence say nothing about visible injury.
Who counts as being in a domestic relationship?
The offence only applies in a domestic setting. A domestic relationship means a “relevant relationship” under section 13 of the Domestic and Family Violence Protection Act 2012 (Qld).
| Relationship | What it covers |
|---|---|
| Intimate personal relationship | Spouses (including former spouses and the parents of a child together), engaged couples, and people who have or had a relationship as a couple |
| Family relationship | Relatives, including people who regard themselves as relatives under a broader understanding of family, such as Aboriginal and Torres Strait Islander kinship |
| Informal care relationship | Where one person is or was dependent on the other for help with an activity of daily living, outside a commercial arrangement and other than between a child and parent |
The offence also applies where the conduct is “associated domestic violence”. That covers behaviour towards a child of the aggrieved person, a child who usually lives with them, a relative of theirs or an associate of theirs. Choking or strangling someone outside these relationships is not a section 315A offence, although other charges such as assault occasioning bodily harm may apply.
Bail for a strangulation charge
Section 315A is a “show cause” offence under section 16 of the Bail Act 1980 (Qld). For an adult charged with strangulation, the court or police officer must refuse bail unless the accused shows cause why their detention in custody is not justified. In assessing risk, the decision-maker must also consider the risk of further domestic violence or associated domestic violence.
In practice, this means a bail application needs to address the risk directly, often with a proposed address, conditions and the effect of any protection order. A strangulation charge may also be accompanied by a police protection notice or a protection order application. Contravening a police protection notice is a separate offence with a maximum of 3 years imprisonment, and a breach of a DVO can lead to further charges.
Which court will hear a strangulation charge?
A strangulation charge against an adult must be dealt with on indictment. It cannot be dealt with summarily under Chapter 58A of the Criminal Code. The first appearance is usually in the Magistrates Court, but the charge cannot be finalised there. The Queensland Sentencing Advisory Council found that 97.7% of cases where strangulation was the most serious offence, sentenced between 2015-16 and 2022-23, were sentenced in the District Court.
Children charged with the offence may elect to have it dealt with summarily under the Youth Justice Act 1992.
Because adult cases go to a higher court, they can take longer to resolve. The Queensland Law Reform Commission reported that between July 2023 and June 2024, a non-fatal strangulation charge took 14.5 months on average to finalise.
Penalties and sentencing for strangulation in Queensland
The maximum penalty is 7 years imprisonment. Because the offence is committed in a domestic setting, section 9(10A) of the Penalties and Sentences Act 1992 (Qld) requires the court to treat the domestic violence element as an aggravating factor, unless exceptional circumstances make that unreasonable.
The Queensland Sentencing Advisory Council’s Sentencing Spotlight on this offence covers cases sentenced between July 2015 and June 2023. It found that:
- 1,971 offenders were sentenced for the offence
- 98.7% received a custodial penalty, a category that includes suspended sentences as well as imprisonment
- the average imprisonment sentence imposed was 2.5 years
- 44.5% of cases were sentenced together with a breach of a domestic violence order.
These figures describe outcomes across all sentenced cases. They do not predict the result in any particular case, which depends on the facts, the person’s history and the sentencing submissions made.
A conviction for strangulation can also be recorded as a domestic violence offence. Under section 12A of the Penalties and Sentences Act, where the charge states that the offence is also a domestic violence offence, the conviction must be recorded as a conviction for a relevant domestic violence offence, or entered that way in the person’s criminal history if no conviction is recorded, unless the court orders otherwise.
Issues commonly in dispute
Every case turns on its evidence, but a defence to a strangulation charge often focuses on one or more of the elements the prosecution must prove:
- whether the conduct amounted to choking, suffocation or strangulation, including whether pressure was applied to the neck and restricted breathing or blood circulation
- whether the other person consented
- whether the parties were in a relevant relationship, or the conduct was associated domestic violence
- whether the conduct was unlawful, or the accused is excused from criminal responsibility under the Criminal Code, for example because the event was unintended and not reasonably foreseeable (section 23)
- the reliability of the account given by the complainant and any other witnesses.
Provocation is defined in the Criminal Code by reference to offences of which assault is an element. Because assault is not an element of section 315A, provocation does not appear to be available for this offence on the wording of the Code. Whether any defence is open depends on the evidence, so it is worth having the brief of evidence reviewed before deciding how to plead.
The Queensland Law Reform Commission review
The Queensland Law Reform Commission reviewed section 315A and delivered its final report to the Attorney-General on 30 September 2025. The report was tabled in Parliament on 11 February 2026 and makes 18 recommendations. They include:
- creating an aggravated form of the offence with a maximum of 14 years imprisonment
- extending the offence to relationships involving coercion, control or domination
- stating expressly that provocation does not apply
- allowing an adult who pleads guilty in the Magistrates Court to be sentenced there unless the magistrate decides otherwise.
These are recommendations only. They change the law only if Parliament passes legislation to implement them, so check the current position before relying on them.
Frequently asked questions
Does a strangulation charge require a visible injury?
No. Injury is not an element of section 315A. The prosecution must prove choking, suffocation or strangulation without consent in a domestic setting, and the Code treats pressure on the neck that even partially restricts breathing or blood circulation as within the offence.
Can someone be charged with strangulation if the people involved were not in a relationship?
Not under section 315A. The offence requires a domestic relationship or associated domestic violence. Other offences, such as assault, may apply in other situations.
Can a strangulation charge be finalised in the Magistrates Court?
Not for an adult. The charge must be dealt with on indictment, which in practice means the District Court. A child may elect to have the charge dealt with summarily.
Speak with a lawyer about a strangulation charge
With show-cause bail, a District Court pathway and a high rate of custodial sentences, early advice matters. Rana Lawyers’ strangulation, suffocation and choking lawyers can review the charge and the evidence, prepare a bail application and represent you through to finalisation. Contact Rana Lawyers to arrange a consultation.
