The Gold Coast Bulletin

Choke stats a low blow

New data shows DV cowards serving small percentage of maximum term

- LEA EMERY lea.emery@news.com.au

THUGS who choke their partners are receiving a sentence of just 1.9 years behind bars, according to figures released by the Queensland Sentencing Advisory Council (QSAC).

The longest jail term was four years.

The maximum penalty for choking is seven years.

The figures come after calls by police and domestic violence advocates to impose tougher punishment­s for y g g

choking, strangulat­ion suffocatio­n.

A Bulletin investigat­ion found at least 15 offenders since October 2017 had been released on suspended sentences or on parole after being convicted of choking their partners. and

QSAC collated data from all choking sentences since the law was introduced in 2016 and found 76 per cent of convicted offenders received jail terms.

Chair John Robertson said the sentencing structure may change in the coming months.

“What’s more, two decisions of the Court of Appeal in September and October 2018 indicate that higher sentences than previously imposed will be imposed for this new offence,” he said.

When sentencing, judges must be guided by the punishment­s handed to other offenders for similar crimes.

Decisions made by the Court of Appeal hold more weight than a sentence in the district court.

“This is a particular­ly abhorrent crime,” he said. “When a person can look into their partner’s eyes and hurt them in this way, all the evidence shows a line has been crossed.”

Queensland Law Society president Bill Potts said judges had a number of factors to take into account when handing down a sentence.

He was sceptical the sentences were “soft”.

“Rather than people using anecdotal evidence, I would like the see specific research into hundreds of cases,” he said.

Attorney-General Yvette D’Ath said since the choking offence was implemente­d in 2016, 287 people had been sentenced for more than 400 charges.

“If you harm your partner by choking, suffocatin­g or strangling them, you are more than likely going to see the inside of a prison cell for quite some time,” Ms D’Ath said.

Mudgeeraba MP and domestic violence survivor Ros Bates said more needed to be done.

Ms Bates called for mandatory minimum sentencing.

She said victims of choking had been proven to be at a higher risk of being killed by their partners.

“Twelve of the last 14 cases I am aware of have been slaps on the wrist,” she said. “We need to be looking towards mandatory minimum sentencing.”

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