Criminal Law Consolidation (Section 20A) Amendment Bill 2024 (SA)

South Australia Criminal Law Consolidation (Section 20A) Amendment Bill 2024 A Bill For An Act to amend the Criminal Law Consolidation Act 1935.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Criminal Law Consolidation Act 1935 3 Amendment of section 20A—Choking, suffocation or strangulation in a domestic setting Schedule 1—Transitional provision 1 Transitional provision

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Criminal Law Consolidation (Section 20A) Amendment Act 2024. 2—Commencement This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of Criminal Law Consolidation Act 1935 3—Amendment of section 20A—Choking, suffocation or strangulation in a domestic setting (1) Section 20A—before subsection (1) insert: (a1) A person who— (a) is, or has been, in a relationship with another person; and (b) chokes, suffocates or strangles that other person, without that other person's consent; and (c) causes harm to that other person such that the other person is rendered unconscious, is guilty of an offence. Maximum penalty: Imprisonment for 10 years. (2) Section 20A(1)—delete "is, or has been, in a relationship with another person and chokes, suffocates or strangles that other person, without that other person's consent, is guilty of an offence" and substitute: — (a) is, or has been, in a relationship with another person; and (b) chokes, suffocates or strangles that other person, without that other person's consent, is guilty of an offence. (3) Section 20A(4)—delete subsection (4) and substitute: (4) A reference in this section to— (a) choking or strangling a person means the applying of pressure to the person's neck to an extent that is capable of affecting the breath or the flow of blood to the head of the person; and (b) suffocating a person includes a reference to— (i) obstructing, to any extent, any part of the person's respiratory system; or (ii) interfering, to any extent, with the operation of the person's respiratory system; or (iii) impeding, to any extent, the person's respiration. (5) If— (a) a jury is not satisfied beyond reasonable doubt that a charge of an offence against subsection (a1) has been established; but (b) the court in which the defendant is being tried for an offence against subsection (a1) has instructed the jury that it is open to the jury on the evidence to find the defendant guilty of an offence against subsection (1); and (c) the jury is satisfied beyond reasonable doubt that an offence against subsection (1) has been established, the jury may return a verdict that the defendant is not guilty of the offence charged but is guilty of an offence against subsection (1). (6) If— (a) a jury is not satisfied beyond reasonable doubt that a charge of an offence against subsection (a1) or (1) has been established; but (b) the court in which the defendant is being tried for an offence against subsection (a1) or (1) has instructed the jury that it is open to the jury on the evidence to find the defendant guilty of an offence of assault, and (c) the jury is satisfied beyond reasonable doubt that the offence of assault has been established, the jury may return a verdict that the defendant is not guilty of the offence charged but is guilty of assault.