What do I need to know about the offence of Intentional Strangulation?

What is the offence of Intentional Strangulation?

An offence of intentional strangulation is defined as when:

• A intentionally strangles another person (“B”), or

• A does any other act to B that – 
  • affects B’s ability to breathe, and
  • constitutes a battery of B.

There is no definition of strangles in the act and the word should be given it's usual meaning. Obstruction or compression of blood vessels and/or airways by external pressure to the neck impeding normal breathing or circulation of the blood.

Does Intentional Strangulation require a particular level of force?

Intentional Strangulation does not require a particular level of force or pressure.

What sentence will I get for Intentional Strangulation if there are no injuries?

There do not have to be any injuries for an offence of Intentional Strangulation to be made out.

What is the sentence for Intentional Strangulation?

The maximum sentence for Intentional Strangulation is 5 years imprisonment.

Are there guidelines for sentencing offences of Intentional Strangulation?

There are no specific guidelines for the offence of intentional strangulation.

If I am convicted of an offence of Intentional Strangulation, will I go to prison?

The starting point for an offence of Intentional Strangulation is 18 months’ imprisonment.

The Court of Appeal in the case of R v Cook 20203 said that the inherent conduct in the offence will mean a custodial sentence will be appropriate, save in exceptional circumstances. Ordinarily, the sentence will be one of immediate custody.

Can I get a suspended sentence for an offence of Intentional Strangulation?

Yes, in the case of R v  Borsodi 2023 the court of Appeal stated that a custodial sentence will be appropriate, save in exceptional circumstances, and such a custodial sentence may be immediate or, in appropriate cases, may be suspended.

There do not have to be exceptional circumstances for the sentence to be suspended.

How can we help?

If you find yourself facing an allegation of Intentional Strangulation it is vital to contact a solicitor as soon as possible to obtain expert legal advice.

Johnson Astills are experts in criminal law, and are able to assist 24 hours of the day at the police station. Our specialist advocates in the Criminal Defence Team are highly experienced in dealing with offences at both the Magistrates’ and Crown Court. Representation at the police station is free, and legal aid may be available for your case at the Magistrates’ and Crown Court. For offences which do not qualify for legal aid, we offer fixed fees for appointments and representation.

To discuss any offences please contact our Criminal Defence Team at Johnson Astills at our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312, or fill in our free online enquiry form and one of our friendly team will be in touch.