NSW Non-fatal strangulation in NSW

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LawStudent47

Member
7 June 2017
1
0
1
Hi, is someone able to help me understand the actus reus/mens rea elements that the prosecution needs to prove under section 37 of the Crimes Act? The section is as follows:

(1) A person is guilty of an offence if the person:
(a) intentionally chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and
(b) is reckless as to rendering the other person unconscious, insensible or incapable of resistance.
Maximum penalty: imprisonment for 10 years.
(2) A person is guilty of an offence if the person:
(a) chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and
(b) does so with the intention of enabling himself or herself to commit, or assisting any other person to commit, another indictable offence.
Maximum penalty: imprisonment for 25 years.​

(3) In this section:
"another indictable offence" means an indictable offence other than an offence against this section.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi,
There is a specific section for law student questions. Australian Law Students Forum
So what part are you having trouble with? The actus reus being the guilty act so what they have physically done in the case the choking and the mens rea the guilty mind so the intention of doing so.

Does that help?