Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) In this section:
"choke", a person, includes apply pressure, to any extent, to the person's neck.
"conveyance" means a vehicle (including an aircraft) or vessel of a kind used for transporting persons, animals or goods.
"public utility service" means—
(a) the supply of electricity, gas or water; or
(b) the supply of fuel; or
(c) the collection and disposal of sewerage and other waste;
as a service to the public.
"strangle", a person, includes apply pressure, to any extent, to the person's neck.
"suffocate", a person, includes the following:
(a) obstruct, to any extent, any part of the person's—
(i) respiratory system; or
(ii) accessory systems of respiration;
(b) interfere, to any extent, with the operation of the person's—
(i) respiratory system; or
(ii) accessory systems of respiration;
(c) impede, to any extent, the person's respiration.
"transport facility" means a facility provided to permit the transportation of persons, animals or goods, whether by air or over land or water, or provided in connection with such transportation.
(2) For subsection (3) (g), an interference shall be taken to include any act or omission that, whether temporarily or permanently, damages, renders inoperative, obstructs, causes to malfunction or puts to an improper purpose.
(3) A person who intentionally and unlawfully—
(a) chokes, suffocates or strangles another person so as to render that person insensible or unconscious or, by any other means, renders another person insensible or unconscious; or
(b) administers to, or causes to be taken by, another person any stupefying or overpowering drug or poison or any other injurious substance likely to endanger human life or cause a person grievous bodily harm; or
(c) uses against another person any offensive weapon likely to endanger human life or cause a person grievous bodily harm; or
(d) discharges any loaded arms at another person or so as to cause another person reasonable apprehension for his or her safety; or
(e) causes an explosion or throws, places, sends or otherwise uses any explosive device or any explosive, corrosive or inflammable substance in circumstances likely to endanger human life or cause a person grievous bodily harm; or
(f) sets a trap or device for the purpose of creating circumstances likely to endanger human life or cause a person (including a trespasser) grievous bodily harm; or
(g) interferes with any conveyance or transport facility or any public utility service in circumstances likely to endanger human life or cause a person grievous bodily harm; or
(h) interferes with a prescribed traffic control device (within the meaning of the Road Transport (Safety and Traffic Management) Act 1999
) in circumstances likely to endanger life or cause a person grievous bodily harm;
is guilty of an offence punishable, on conviction, by imprisonment for—
(i) in the case of an aggravated offence against this section—13 years; or
(j) in any other case—10 years.
Note Section 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.
(4) A person who does an act referred to in subsection (3)—
(a) intending to commit an indictable offence against this part punishable by imprisonment for a maximum period exceeding 10 years; or
(b) intending to prevent or hinder his or her lawful apprehension or detention or that of another person; or
(c) intending to prevent or hinder a police officer from lawfully investigating an act or matter that reasonably calls for investigation by the officer;
is guilty of an offence punishable, on conviction, by imprisonment for 15 years.