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(1A) If a person intentionally chokes, suffocates or strangles another person without the other person’s consent, they commit an offence.
(1) If a person –
(a) intentionally chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and
(b) is reckless as to rendering the other person unconscious, insensible or incapable of resistance,
they commit an offence.
(2) If a person –
(a) intentionally chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and
(b) does so with the intention of enabling himself or herself to commit, or assisting any other person to commit, another indictable offence,
they commit an offence.
Penalty:
(1) Imprisonment for 5 years.
(2) Imprisonment for 10 years.
(3) Imprisonment for 25 years.
Summary/Indictable/mixed:
(1) and (2) Mixed
(3) Indictable
Jurisdiction:
(1) and (2) Local, District or Supreme Court
(3) District or Supreme Court
How committed:
The common feature of the subsections is the intent to choke, suffocate or strangle. The difference in penalties relate to the effect of the choking, suffocation or strangulation and, in the most serious case, the reason for the actions.