Tougher Laws on Strangulation Within DV Relationships to be Introduced to NSW Parliament

With the aim to improve on domestic violence (DV) victim protection, NSW Attorney-General Mark Speakman has announced the introduction of tougher strangulation laws as part of a DV legislative reform.

The new strangulation offence will carry a maximum prison sentence of up to 5 years and exist alongside current strangulation offences within the Crimes Act.

Speakman argues that the reform “will provide better outcomes for victims, mak[ing] perpetrators more accountable and help reduce domestic violence reoffending.”

The existing legislation concerning strangulation often results in the offence being prosecuted under lesser charges, like common assault, and carries a maximum sentence of two years’ imprisonment.

The reform has received support from Minister for Prevention of Domestic Violence and Sexual Assault, Pru Goward, who has called for the government to be tougher on DV offenders.

“Strangulation is a red flag for domestic violence homicide, so it’s important NSW has a specific offence formulated to capture domestic violence strangulation,” Goward commented.

The reform further seeks to improve victim protection by increasing the default length of Apprehended Domestic Violence Orders (ADVOs) from 12 months to two years, as well as introducing indefinite ADVOs for more severe cases where other interventions have failed.

Under this proposal, the NSW Police Force will be granted the power to immediately vary ADVOs to respond to immediate and serious risks to victims.

NSW Police Commissioner Mick Fuller has said that the new power will help to reduce stress and improve protection for DV victims, with evidence showing a correlation between ADVOs and a reduction in reoffending behaviour.

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