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- Title
Intentional Strangulation: The Proper Approach to Sentencing in the Absence of a Sentencing Guideline: R v Cook [2023] EWCA Crim 452.
- Authors
Thomas, Mark; Ball, James J
- Abstract
Keywords: Intentional strangulation; suffocation; sentencing guidelines; culpability; harm EN Intentional strangulation suffocation sentencing guidelines culpability harm 281 289 9 09/20/23 20230801 NES 230801 The offence of intentional strangulation (often referred to as "non-fatal strangulation") was introduced by section 70 of the Domestic Abuse Act (DAA) 2021. Whilst the maximum sentence for intentional strangulation/suffocation is one of 5 years' imprisonment (7 years' imprisonment in the case where the offence is racially or religiously aggravated), there are no Definitive Sentencing Council Guidelines applicable to the offence. Whilst strangulation involves external pressure to the neck, the broad range of conduct capable of amounting to suffocation does not suggest that the offence could be any less serious to that of strangulation. The Substantive Elements of the Offence As identified at the outset, whilst the offence of intentional strangulation has been subject to a great deal of commentary from an academic perspective, there has been little said about the offence in practical terms.
- Subjects
STRANGLING; CONTROL (Psychology); BAIL; CRIMINAL sentencing
- Publication
Journal of Criminal Law, 2023, Vol 87, Issue 4, p281
- ISSN
0022-0183
- Publication type
Article
- DOI
10.1177/00220183231190072