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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 7 February 2023 - onwards
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75A. Strangulation or suffocation

(1) A person ("A") commits an offence if -

(a) A intentionally strangles another person ("B"), or

(b) A does any other act to B that -

(i) affects B's ability to breathe, and

(ii) constitutes battery of B.

(2) It is a defence to an offence under this section for A to show that B consented to the strangulation or other act.

(3) But subsection (2) does not apply if -

(a) B suffers serious harm as a result of the strangulation or other act, and

(b) A either -

(i) intended to cause B serious harm, or

(ii) was reckless as to whether B would suffer serious harm.

(4) A is to be taken to have shown the fact mentioned in subsection (2) if -

(a) sufficient evidence of the fact is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(5) A person guilty of an offence under this section is liable -

(a) on summary conviction -

(i) to imprisonment for a term not exceeding the general limit in a magistrates’ court (or 6 months, if the offence was

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