Queensland Policing Response to Domestic and Family Violence Strangulation Domestic, Family Violence and Vulnerable Persons Unit Community Contact Command

CAVEAT The information provided in the following presentation is not to be disseminated outside of its intended use. If you wish to use any of the information contained in the following presentation please contact the Queensland Police Service Domestic, Family Violence and Vulnerable Persons Unit for approval.

STRANGULATION A Special Taskforce on Domestic and Family Violence in Queensland was established in September 2014 to examine Queensland’s domestic and family violence support system. In February 2015, the Taskforce delivered its report to the Government. Strangulation was identified as one of the most lethal forms of domestic violence and sexual assault.

Not Now, Not Ever … the Taskforce was given evidence that showed that strangulation was a key predictor of domestic homicide. A dedicated offence for this serious and violent act needs to be added to the Code and an appropriate penalty applied that takes into account that the act of strangulation within a domestic and family violence situation is a predicator of escalation and increased risk to the victim. . . . perpetrators must be held to account for their conduct. [Bryce 2015]

driver for change in Queensland August 2015: The Queensland Government accepted all 140 recommendations from the report of the Special Taskforce into Domestic and Family Violence in Queensland, including 121 recommendations directed at government. Recommendation 120 from the Taskforce’s Report suggests: The Queensland Government considers the creation of a specific offence of strangulation.

Creation of s.315A of the Queensland Criminal Code Extensive public consultation was undertaken to explore the best means to achieve the objective of the recommendation. April 2016: legislation passed making strangulation a standalone offence under Queensland’s Criminal Code. May 2016: the offence of Strangulation, Suffocation and Choking in a domestic setting under section 315A of the Criminal Code commenced.

Criminal Code Act 1899 – Section 315A 315A Choking, suffocation or strangulation in a domestic setting (1) A person commits a crime if— (a) the person unlawfully chokes, suffocates or strangles another person, without the other person’s consent; and (b) either— (i) the person is in a domestic relationship with the other person; or (ii) the choking, suffocation or strangulation is associated domestic violence under the Domestic and Family Violence Protection Act 2012. Maximum penalty—7 years imprisonment. (2) An assault is not an element of an offence against subsection (1).

Criminal Code Act 1899 – Section 315A This offence is an indictable offence and cannot be heard summarily. To prove the offence it is necessary to prove there was no consent on the part of the victim. The term domestic relationship is defined in s.1 of the Criminal Code.

Criminal Code Act 1899 – Section 315A The words ‘choke, suffocate or strangle’ in s.315A are drawn from the offence found in s.315 of the Criminal Code. From case law and dictionary definitions it can be concluded that the element of ‘chokes, suffocates or strangles’ is established when an offender interferes with or stops the victim breathing by squeezing the throat using hands or an implement such as a cord or rope, or by smothering. External compression on the throat or windpipe is sufficient to establish the act. Permanent injury or death is not required for the offence against s 315A to be committed.

Criminal Code Act 1899 – Section 315A Attempted choking, suffocation or strangulation is captured by the general attempts provision in s.535 of the Criminal Code. The defence of Provocation does not apply - pursuant to s.315A(2), assault is not an element of this offence, and hence provocation under ss.268 and 269 of the Criminal Code has no application to this offence

National Domestic Violence Order Scheme In December 2015, the Council of Australian Government (COAG) agreed to introduce a National Domestic Violence Order Scheme (NDVOS). The aim of this scheme is to increase protection for victims of domestic and family violence across Australian borders by providing a domestic violence order (DVO) issued in one jurisdiction will be automatically recognised and enforceable in any other Australian State or Territory.

National Domestic Violence Order Scheme Model laws were developed and legislation has been developed and passed by each State and Territory. In Queensland, the relevant legislative amendments are contained in the Domestic and Family Violence Protection and other Legislation Amendment Act 2016. NDVOS does not introduce consistent domestic and family violence laws. Each State and Territory have domestic and family violence laws unique to that jurisdiction. NDVOS will not lead to any standardisation of the conditions which appear on the domestic violence orders of the different jurisdictions, including those which are mandated as standard conditions on their orders.

National Domestic Violence Order Scheme 176A Interstate and foreign DVOs are recognised interstate Orders (1) Each of the following is a recognised interstate order— (a) an interstate order made in a participating jurisdiction; (b) a registered foreign order registered in a participating jurisdiction. Note— The corresponding laws of other participating jurisdictions treat domestic violence orders made, and police protection notices and release conditions issued, in Queensland as recognised interstate orders for the purposes of those laws.

National Domestic Violence Order Scheme 176D Recognised interstate order may be enforced (1) A recognised interstate order that has been properly notified under the law of the State in which it was made— (a) has the same effect as a local order; and (b) may be enforced against a respondent as if it were a local order that had been properly notified under this Act.

National Domestic Violence Order Scheme 176E Penalty for contravention (1) This section applies for the purpose of working out the maximum penalty for an offence of contravening a recognised interstate order. (2) A previous contravention of a recognised interstate order that constituted an offence is to be treated as a previous offence of contravening a local order.

National Domestic Violence Order Scheme Q - Does an interstate offence of a Breach of Domestic Violence Order (or equivalent) need to be included in a QP 0041A Notice Of Intention To Allege Previous Convictions? A - If the breach occurred after 25 November 2017, and if the defendant had a conviction in another State (or Territory) for breaching a DVO (a ‘recognised interstate order’) and if that order was also made after 25 November 2017, then the breach would constitute the offence against s 177(1)(a) the aggravated offence and a notice to allege previous conviction – alleging the interstate conviction – must be served on the defendant.

National Domestic Violence Order Scheme 176F Licences, permits and other authorisations (1) This section applies if a law of Queensland (a relevant law) restricts the grant of an authorisation, or authorises or requires an authorisation to be suspended or revoked, if a person is or has been named as a respondent in a local order. (2) The relevant law applies to a person who is or has been named as a respondent in a recognised interstate order as if it were a local order.

National Domestic Violence Order Scheme 176I Application for variation of recognised interstate order (1) An application (a variation application) to vary a recognised interstate order may be made to a court— (a) as if it were an application under section 86 for a variation of a local order; and (b) by a person who would be able to make the application under that section if the recognised interstate order were a local order.

CAVEAT The information provided throughout this presentation is not to be disseminated outside of its intended use. If you wish to use any of the information contained in the presentation please contact the Queensland Police Service Domestic, Family Violence and Vulnerable Persons Unit for approval.

Queensland Police Response to Domestic and Family Violence: Strangulation Thank you