15/11/2024

Reforms to strengthen South Australia’s strangulation laws have passed State Parliament.

The reforms aim to address deficiencies in South Australia’s domestic strangulation laws that were highlighted in a review by the Attorney-General’s Department that identified a lack of clarity around what was needed to prove the offence in court.

The laws give prosecuting authorities greater clarity and more options to crack down on domestic and family violence perpetrators have passed State Parliament.

The current offence relies on a common law position from Queensland and requires proof that an individual’s breath has been restricted as a result of strangulation.

Under the reforms, this definition will be legislated, clarified and expanded to cover instances where an individual applies pressure to a domestic partner’s neck to the extent that it is capable of affecting the person’s breath or blood flow to the head.

In addition, the reforms establish a second offence where choking or strangulation causes harm by rendering a person unconscious, punishable by up to ten years in jail.

The Government will be consulting with authorities before the reforms come into effect.