Chapter 6
Other Crimes Act options for reform

6.1The strangulation offence described in the previous chapter is one method of addressing the problems identified with the way that strangulation in family violence circumstances is dealt with by the criminal justice system. It may also be possible to address those problems by other types of amendments to the Crimes Act.

6.2This chapter identifies three alternative methods of addressing the problems. The first two options—amending the current aggravated offences and creating an endangering offence—create offences with elements of proof that are better suited to the characteristics of strangulation. The third option would create strangulation versions of current offences. Each of these methods has advantages and disadvantages over the option of a new strangulation offence. However, as we conclude in Chapter 8, on balance, we favour a new offence.