Offenders convicted of non-fatal strangulation and non-fatal suffocation could receive up to four years and six months in prison
The offences were introduced by the Domestic Abuse Act 2021 and came into force in June 2022. The statutory maximum sentence is five years in prison, or seven years where certain aggravating factors exist.
Non-fatal strangulation occurs when a person intentionally strangles or affects their victim’s ability to breathe in an attempt to control or intimidate them—for example, by using a headlock or a ligature around the neck, or placing their foot or knee on the neck.
Non-fatal suffocation occurs when a person uses unlawful force on a victim, whether intentionally or recklessly, that affects the victim’s ability to breathe. No physical injuries need be caused for the offence to be committed.
Under the draft Sentencing Council guidelines, there is high culpability if the act is sustained or repeated, or a ligature is used thus indicating specific intention to cause fear or harm. Lesser culpability could be demonstrated by a ‘very brief incident and voluntary desistance’, excessive self-defence, or where the perpetrator has a mental disorder or learning disability.
For low-culpability offences that do not cause the victim severe physical or psychological injury, judges could impose a high-level community order.
Currently, there are no specific sentencing guidelines for these offences, so the courts apply principles from the Court of Appeal judgment R v Cook [2023] EWCA Crim 452.
Judge Rosa Dean, Sentencing Council lead for the guideline, said: ‘Strangulation or suffocation are very serious offences and can create a real and justified fear of death, causing the victim to experience a high degree of psychological harm from the encounter, even where no physical injuries are visible.’ The consultation ends on 14 August.
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