‘The act of strangling or suffocating as part of an assault has long formed the part of allegations involving other offences such as battery and assaults resulting in actual harm (ABH) or serious harm. However as of 7th June 2022 section 70 of the Domestic Abuse Act 2021 has produced section 75A of the Serious Crime Act 2015, creating an offence of non-fatal strangulation or non-fatal suffocation. This article is focussed more on the former. It is becoming more
commonplace both to see this offence charged and to advise on whether it should be charged. There has also been recent case law in the Court of Appeal concerning sentencing in these cases and Jonathan Underhill has written an article about this which goes hand in hand with this piece.’
3PB, 20th October 2023
Source: www.3pb.co.uk
