A charge of choking nder section 315A of the Criminal Code 1899 (Qld) is one of the most serious charges a person can face in a domestic violence context in Queensland. It carries a maximum penalty of 7 years imprisonment, it is treated as a “show cause” offence for bail, and most people convicted of it spend time in actual jail.
This guide explains what choking is, what the law actually says, what the prosecution has to prove, the defences that may be available, what happens at bail and in court, and what reforms are coming.
If you have already been charged with choking, or police want to interview you about an allegation of choking, get legal advice before you say anything. You can contact us at www.claritylaw.com.au/contact or call 1300 952 255 seven days a week.
The law — section 315A
The offence is set out in section 315A of the Criminal Code. In simple terms, a person commits a crime if they:
- unlawfully choke, suffocate or strangle another person, without that person’s consent, AND
- either are in a domestic relationship with that person, OR the conduct is associated domestic violence under the Domestic and Family Violence Protection Act 2012.
Maximum penalty: 7 years imprisonment.
The section was first introduced in 2016 to recognise that non-fatal strangulation in a domestic setting is one of the strongest predictors of future serious violence — including homicide — by an intimate partner.
The 2023 amendment — what “choking” now legally means
This is the biggest single change since our previous guide. In 2023, Parliament added a new subsection 1A to s 315A, which now provides a clear statutory definition:
A person is taken to choke, suffocate or strangle another person if the person applies pressure to the other person’s neck that completely or partially restricts the other person’s respiration or blood circulation, or both.
That matters for two practical reasons:
- Partial restriction is enough. The prosecution does not need to prove that breathing was completely cut off. Even brief, partial restriction of breath or blood flow can satisfy the offence.
- Blood circulation counts. A grip that compresses the carotid arteries — without necessarily blocking the airway — can fall within the section.
The Court of Appeal had reached a similar position before the amendment. The amendment puts it beyond argument.
It is still not enough, however, for the police to prove that the accused person merely placed their hands on or near the complainant’s neck. There must be evidence of pressure, and of some restriction of breath or blood flow.
What the prosecution must prove
To get a conviction the prosecution must prove, beyond reasonable doubt, each of the following:
- The accused person applied pressure to the complainant’s neck, or otherwise choked, suffocated or strangled them.
- The conduct restricted (completely or partially) the complainant’s respiration, blood circulation, or both.
- It was without the complainant’s consent.
- The accused and complainant were in a domestic relationship, or the conduct was associated domestic violence.
- The conduct was unlawful — that is, not authorised, justified or excused by law (for example, by self-defence).
If any one of those elements cannot be proved, the charge fails.
For background on the criminal standard of proof, see our article What is the criminal burden of proof in Queensland?
What is a “domestic relationship”?
This is a defined term that draws from section 13 of the Domestic and Family Violence Protection Act 2012. It includes:
- An intimate personal relationship — a spouse, de facto partner, engaged or formerly engaged couple, parents of a child together, or a couple in (or who have been in) a couple relationship.
- A family relationship — parents, children, siblings, and broader family connections, including non-blood family.
- An informal care relationship — where one person is or was dependent on the other for help with daily living activities (not in a commercial context).
If the prosecution cannot prove one of these categories, the charge under s 315A cannot succeed. In that situation police would usually consider an alternative charge such as common assault, assault occasioning bodily harm, or in more serious cases grievous bodily harm.
Possible defences
Self-defence
Self-defence is available, but the response must be proportionate to the threat. Choking someone who came at the accused with a weapon may be defensible. Choking someone in response to a slap or push will usually not be.
If self-defence is raised on the evidence, the prosecution must disprove it beyond reasonable doubt. If they cannot, the accused is entitled to be acquitted.
The conduct didn’t happen, or didn’t amount to choking
Sometimes the issue is whether the conduct occurred at all. The defence is stronger where:
- there are no photographs of injury to the neck,
- there is no medical evidence of petechiae, redness or bruising,
- there is no “recent complaint” — for example, the allegation is first raised weeks or months later, or only after a separate dispute, or
- independent witnesses describe a different version of events.
In other cases there may have been physical contact — a push, a grab around the shoulders, hands on the throat without pressure — but no actual restriction of breath or blood flow. That is not s 315A and may instead be a lesser offence.
No domestic relationship
If the prosecution cannot prove a domestic relationship or associated domestic violence, the charge under s 315A fails (although a different charge may be substituted).
Provocation is not a defence
Section 315A is expressly drafted so that assault is not an element of the offence. That has an important consequence: the partial defence of provocation — which only applies to assault-based offences — cannot be relied on for a s 315A charge.
Negotiating an alternative charge
Even where there has been some physical conduct, it is not always clear-cut whether the conduct meets the s 315A threshold. In appropriate cases, an experienced defence lawyer will write to the prosecution and argue the charge should be downgraded to:
- Common assault;
- Assault occasioning bodily harm; or
- A breach of a domestic violence order, where one is in place.
The strength of any negotiation depends almost entirely on what is in the brief of evidence — the police statements, body-worn camera footage, triple-zero recordings, medical records, and photographs. Reviewing that material carefully and early is one of the highest-leverage things a defence lawyer can do on a choking charge.
Which court will hear the case?
Section 315A is a strictly indictable offence. That means it cannot be finalised in the Magistrates Court for an adult. The matter starts in the Magistrates Court for the committal process, and is then transferred to the District Court for trial or sentence.
In practice, that means:
- A jury will decide guilt or innocence at any trial.
- The case will take longer to finalise than a Magistrates Court matter.
- Legal costs are higher because of the additional steps (committal, indictment, callovers, mentions, possible directions hearings).
Bail — why s 315A is harder than most
Section 315A is listed as a show cause offence under section 16 of the Bail Act 1980. That reverses the usual position: instead of the prosecution having to justify keeping a person in custody, the accused must show cause why their detention is not justified.
Police will rarely grant watchhouse bail for a s 315A charge. In most cases an application has to be made to a Magistrate, and sometimes (if refused) to the Supreme Court.
A successful bail application typically requires:
- a stable address (not the complainant’s residence),
- a strict no-contact and exclusion-zone condition,
- often a residential surety,
- in some cases reporting conditions and curfew, and
- evidence of employment, treatment engagement or rehabilitation steps already taken
For more detail on bail and how conditions can be varied later, see Being on Bail in Queensland and How can I Change my Bail Conditions?
What sentences do courts actually impose?
The Queensland Sentencing Advisory Council’s most recent Sentencing Spotlight on s 315A (published May 2024, covering 2015–16 to 2022–23) confirms what defence lawyers see in court every week: most adults convicted of this offence go to jail.
As a general guide:
- Head sentences typically fall between 2 and 4 years’ imprisonment, depending on the seriousness of the conduct, the criminal history of the offender, and any aggravating features.
- On a plea of guilty, parole eligibility is usually fixed at around one-third of the head sentence.
- After a trial and a finding of guilt, parole eligibility is typically set at half or more of the head sentence — losing the discount for cooperation.
- Wholly suspended sentences and probation orders do happen, but they are exceptional and usually only in cases involving brief, low-pressure conduct, no injury, strong rehabilitation, and no relevant history.
The court is also required to treat the domestic violence nature of the offending as an aggravating factor under section 9 of the Penalties and Sentences Act 1992. That should be reflected on the conviction record.
For the difference between recording and not recording a conviction, see our article on the difference between a conviction and a non-conviction.
Police want to interview me — what should I do?
In almost every case involving s 315A, the answer is the same: do not participate in a record of interview before getting legal advice.
Once you are in a recorded interview, anything you say can be used against you. That includes apologies, partial admissions, attempts to "explain", and statements about the relationship — all of which are commonly used at trial. People often think they can talk their way out of a s 315A allegation. In our experience, they almost never can.
For more on this, see our articles on declining a police interview and your right to silence in Queensland.
Reform on the horizon — the QLRC review and “Adult Crime, Adult Time”
There are two reform streams that anyone facing a s 315A charge in 2026 should be aware of.
1. The Queensland Law Reform Commission review. The QLRC delivered its final report, Education, Accountability and Support: Improving Queensland's Response to Non-fatal Strangulation, to the Attorney-General on 30 September 2025. The report was tabled in Parliament on 11 February 2026 and makes 18 recommendations for reform. They include changes to the elements of the offence (including the "without consent" requirement and the definition of the conduct), education for police and prosecutors, and procedural improvements. The recommendations are not yet law. Whether and how the Government will implement them is still to be announced.
2. Adult Crime, Adult Time. The proposed Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social Behaviour Amendment Bill 2026 — currently before Parliament — would extend the adult-equivalent sentencing regime for children to a number of additional offences, including choking, suffocation or strangulation in a domestic setting. We covered the broader proposal in Queensland Is Expanding 'Adult Crime, Adult Time' — Here Is What It Actually Means. Again, it is not yet law.
For now, the law is what we have set out above. But the area is moving, and that is one more reason to get current advice from a lawyer who actually practices in this space.
Frequently Asked Questions
Is choking my partner always an offence in Queensland?
If pressure is applied to the neck and there is any restriction of breath or blood flow, in a domestic relationship, and without consent, then yes — it is an offence under s 315A and a serious one.
What if it only lasted a few seconds?
Duration does not matter. Even a short period of partial restriction is enough to satisfy the elements.
What if there is no injury?
Visible injury is not required. However, the absence of injury, photographs, recent complaint, or medical evidence can be important when negotiating with the prosecution or defending the matter at trial.
Can the complainant “drop the charges”?
No. In Queensland, criminal charges are brought by the State, not the complainant. A complainant who no longer wishes to proceed cannot withdraw a charge. The decision rests with the police prosecutor or the Director of Public Prosecutions.
Will I go to jail?
The honest answer is: probably some time, if convicted. Most adults convicted of s 315A receive a head sentence of imprisonment, often with actual time to serve. Outcomes vary significantly with the facts, the history, and the quality of representation.
Can a s 315A charge be heard in the Magistrates Court?
For an adult — no. It is a strictly indictable offence and must be committed to the District Court.
How long does a case like this take?
From charge to sentence or trial, anywhere from several months to over a year is common, depending on disclosure timeframes, court availability, and whether the matter resolves before trial.
Why Use Clarity Law?
We are a specialist criminal and traffic law firm. We do not do conveyancing, family law or commercial work — only criminal and traffic. Our team appears in Magistrates and District Courts across South East Queensland every week, including for s 315A matters.
If you engage us we will:
- review the brief of evidence carefully for weaknesses, inconsistencies and disclosure issues;
- advise you frankly on whether the matter should be defended, negotiated or pleaded;
- where appropriate, write to police prosecutions or the DPP to seek a downgrade or withdrawal;
- prepare and run a properly planned bail application if you are in custody;
- prepare full sentencing material — references, treatment evidence, reports — well in advance; and
- represent you at every step.
How to get more information or engage Clarity Law
If you want to engage us or just need free initial information or advice you can:
- Use our contact form and we will contact you by email or phone at a time that suits you.
- Call us on 1300 952 255 seven days a week, 7am to 7pm.
- Book a free 15-minute telephone consultation.
We are a no-pressure firm. If you want to engage us, we will give you a fixed price so you know with certainty what we will cost. All client money goes into a trust account monitored by the Queensland Law Society and cannot be drawn without your authority or the legal entitlement to do so.
Disclaimer: This article provides general information about Queensland law as at April 2026. It is not legal advice and should not be relied on as such. The law in this area is under active review and may change. If you are affected by an allegation under section 315A, please obtain legal advice tailored to your circumstances.
Updated April 2026 | Clarity Law | www.claritylaw.com.au
