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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-08-29 Daily Xml
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Criminal Law Consolidation (Section 20A) Amendment Bill

Introduction and First Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:51): Obtained leave and introduced a bill for an act to amend the Criminal Law Consolidation Act 1935. Read a first time.

Second Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:52): I move:

That this bill be now read a second time.

I introduce the Criminal Law Consolidation (Section 20A) Amendment Bill 2024 to this chamber. The introduction of this bill follows a review into the effectiveness of the offence of strangulation in the Criminal Law Consolidation Act 1935 involving targeted consultation with numerous key stakeholders.

Domestic and family violence is an insidious part of our community. The government is committed to tackling domestic violence to the greatest extent that we can. There is increasing awareness that choking, strangulation or suffocation is a particularly dangerous form of family and domestic violence which may have serious consequences. Strangulation is often cited as a precursor to domestic homicide. Even applications of very little force can result in serious injury.

This bill will amend section 20A of the Criminal Law Consolidation Act 1935 to strengthen the laws related to choking, suffocation or strangulation in a domestic setting. Firstly, it introduces definitions for choking, strangulation and suffocation. This will clarify the elements of the offence of choking, strangulation or suffocation in a domestic setting so that they are not limited to proof of restriction of breath, which is the current application of those terms at common law in South Australia.

Secondly, the bill will introduce a new offence of choking, suffocation or strangulation in a domestic setting where harm is caused. Harm is defined as that which renders a person unconscious. The new offence is to have a maximum penalty of 10 years' imprisonment. There is a presumption against bail for those who are charged with this offence. The proposed top tier offence, which incorporates the element of harm, recognises the consequence of restriction of breath or blood flow and the inherent dangers of that conduct. The definition of 'harm' being that which renders a person unconscious is consistent with medical literature that suggests strangulation can cause unconsciousness within seconds and with little force to the neck.

The new offence will complement the existing section 20A offence, which is to be retained in its current form, with a maximum penalty of seven years and with clarification of the elements through the introduction of definitions for choking, strangulation and suffocation.

Assault is a statutory alternative to both offences. The availability of a two-tier offence structure in this context and the retention of assault as an alternative allows for greater flexibility in the prosecution of these matters, consistent with the evidence in a particular case. I commend the bill to members, and seek leave to insert the explanation of clauses in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Criminal Law Consolidation Act 1935

3—Amendment of section 20A—Choking, suffocation or strangulation in a domestic setting

This clause amends section 20A of the principal Act to create an additional offence relating to choking, suffocation or strangulation in a domestic setting. The clause also defines terms to support the measure. A scheme for alternative verdicts is also provided.

Schedule 1—Transitional provision

1—Transitional provision

This clause provides for transitional arrangements.

Debate adjourned on motion of Hon. L.A. Henderson.

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