Chapter 4
​Current problems prosecuting strangulation

4.1The terms of reference for this review ask us to consider the rationale for enacting a specific offence of strangulation. After consulting with a wide range of people who operate in the area of family violence, studying the literature and examining how other jurisdictions have enacted strangulation offences, we have concluded that the problems in the criminal justice system presented by strangulation in family violence circumstances generally fall into two categories:

4.2Addressing these two deficiencies would ultimately help to keep victims of strangulation safer. We discuss each of these in more detail in this chapter before concluding whether there are grounds for reform and, if so, what the objectives of that reform should be.