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R v Sabbah [2025] NSWCCA 203
In this case the Court of Criminal Appeal (‘CCA’) examined the ‘relatively new’ offence in s 37(1A) of the Crimes Act of intentionally choking, and set out a range of factors which are relevant to assessment of the objective seriousness of the offence.
GS v R; Director of Public Prosecutions (NSW) v GS [2022] NSWCCA 65
In this decision, the CCA (Payne JA; Rothman and Harrison JJ agreeing) has declared that ‘intentionally chokes’ within the meaning of s 37(1A) of the Crimes Act 1900 means ‘intentionally apply pressure to the neck so as to be capable of affecting the breath or the flow of blood to or from the head’.