System ‘failing’ choke victims

ANTI-DOMESTIC violence advocates say the justice system is letting down choking victims by giving lenient sentences and allowing charges to be downgraded to assault.

They want mandatory minimum sentences so thugs convicted of strangulation spend time behind bars.

“It’s a pretty serious offence and I don’t think we are getting that message from the courts,” Gold Coast Centre Against Sexual Violence director Di MacLeod said.

A man, 39, who grabbed his partner by the throat and pushed her into the wall was yesterday sentenced in the Southport District Court to a 12-month suspended jail sentence.

He was originally charged with choking but after negotiations the charge was downgraded to assault occasioning bodily harm.

Last month, Marcin Rybicki, was given an 18-month jail term, to be suspended after he served two months, for twice choking a friend.

Rybicki was originally charged with choking but pleaded down to assault occasioning bodily harm.

A 22-year-old man last month pleaded guilty to common assault after choking his partner during a fight. He was given a six-month suspended sentence.

Ms MacLeod said it was becoming common for choking to be pleaded down to an assault charge.

“What is concerning is what is happening or not happening when they get to the court system,” she said.

Ms MacLeod said tougher sentencing was important because choking could cause serious health problems months after it happened.

The maximum penalty for choking and assault occasioning bodily harm is seven years.

Criminal lawyer Bill Potts, of Potts Lawyers, said charges were often downgraded to increase the chance of success.

Mudgeeraba MP Ros Bates called for mandatory minimum jail terms for choking.

“It seems that they haven’t been given the justice they deserve,” she said.

A spokeswoman for Attorney-General Yvette D’Ath said the choking offence had been introduced because stangulation was an indicator of escalating domestic violence.

“The strangulation offence is being used extensively, with 1921 charges lodged as of September 30, 2018 since the offence was created,” she said.

The spokeswoman did not answer questions on mandatory minimum sentences.