An Act to amend the Criminal Code, the Evidence Act 1977, the Justices Act 1886, the Penalties and Sentences Act 1992 and the legislation mentioned in schedule 1 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Criminal Code (Non-fatal Strangulation) and Other Legislation Amendment Act 2026.
This Act commences on 24 January 2028.
Part 2 Amendment of Criminal Code
This part amends the Criminal Code.
4Amendment of s 1 (Definitions)
Section 1—
insert—restrict, in relation to—(a)an act, conduct or harm capable of restricting another person’s respiration or blood circulation, or both; or(b)an act, conduct or harm that completely or partially restricts another person’s respiration or blood circulation, or both;includes hinder, obstruct and prevent.sex worker means a person who provides services to another person that involve the person participating in a sexual activity with the other person for payment or reward.strangulation offence see section 6C.
Part 1, chapter 1—
insert—6CMeaning of strangulation offence
(1)A strangulation offence is an offence against a provision of this Code or another Act committed by a person if the act constituting the offence is also an act—(a)capable of restricting another person’s respiration or blood circulation, or both; or(b)that completely or partially restricts another person’s respiration or blood circulation, or both.(2)However, a strangulation offence does not include an offence committed by a person against section 315 or 315A.
6Amendment of s 315 (Disabling in order to commit indictable offence)
Section 315, ‘calculated to choke, suffocate, or strangle’—
omit, insert—capable of restricting a person’s respiration or blood circulation, or both
7Replacement of s 315A (Choking, suffocation or strangulation in a domestic setting)
Section 315A—
omit, insert—315A Strangulation and similar conduct in a domestic setting and other coercive relationships
(1)A person commits a crime if—(a)the person unlawfully engages in conduct capable of restricting another person’s respiration or blood circulation, or both; andExamples of conduct for paragraph (a)—
•applying pressure to a person’s neck•covering a person’s nose or mouth•obstructing or interfering with a person’s respiratory system or accessory systems of respiration(b)either—(i)the person is in a domestic relationship with the other person; or(ii)the person is in a coercive relationship with the other person; or(iii)the person’s conduct is associated domestic violence under the Domestic and Family Violence Protection Act 2012.Maximum penalty—7 years imprisonment.
(2)A person commits a crime if—(a)the person unlawfully engages in conduct that completely or partially restricts another person’s respiration or blood circulation, or both; andExamples of conduct for paragraph (a)—
•applying pressure to a person’s neck•covering a person’s nose or mouth•obstructing or interfering with a person’s respiratory system or accessory systems of respiration(b)either—(i)the person is in a domestic relationship with the other person; or(ii)the person is in a coercive relationship with the other person; or(iii)the person’s conduct is associated domestic violence under the Domestic and Family Violence Protection Act 2012.Maximum penalty—14 years imprisonment.
(3)For subsection (1), conduct capable of restricting another person’s respiration or blood circulation, or both, is unlawful unless it is authorised, justified or excused by law.(4)For subsection (2), conduct that completely or partially restricts another person’s respiration or blood circulation, or both, is unlawful unless it is authorised, justified or excused by law.(5)For this section, a person is in a coercive relationship with another person if—(a)the person and the other person have or had a relationship, other than a domestic relationship; and(b)the person uses or used coercion, control or domination over the other person.(6)For subsection (5), it does not matter whether the relationship is or was conducted in person or by another means, including, for example, by using an online social network.(7)A reference to coercion in subsection (5)(b) includes, for example, a reference to coercion by—(a)intimidation or threats of any kind; and(b)assaulting a person; and(c)damaging the property of a person; and(d)making false representations or using false pretence or fraudulent means.(8)Sections 269, 270 and 280 do not apply to an offence against this section.(1)A person is not criminally responsible for an offence against section 315A if—(a)the act that is alleged to constitute the offence—(i)is a sexual act; or(ii)happens while the person and the other person are engaging in a sexual activity; and(b)the other person consents to the act.(2)A person is not criminally responsible for an offence against section 315A if—(a)the act that is alleged to constitute the offence is done as part of a socially acceptable function or activity; and(b)the act is reasonable in the circumstances.(3)In this section—consent has the meaning given by section 348.function or activity includes a sporting event.315C Circumstances in which there is no consent
(1)For section 315B(1), without limiting the grounds on which it may be established that a person does not consent to an act, a person is taken not to have consented to an act if any of the following circumstances apply—(a)the person does not say or do anything to communicate consent to the other person;(b)the person does not have the cognitive capacity to consent to the act;(c)the person is so affected by alcohol or another drug as to be incapable of consenting to the act;(d)the person is so affected by alcohol or another drug as to be incapable of withdrawing consent to the act;This circumstance may apply where a person gave consent when not so affected by alcohol or another drug as to be incapable of consenting.(e)the person is unconscious or asleep;(f)the person participates in the act because of force, a fear of force, harm of any type or a fear of harm of any type, whether to that person or someone else or to an animal or property, regardless of—(i)when the force, harm or conduct giving rise to the fear occurs; or(ii)whether it is, or is a result of, a single incident or is part of an ongoing pattern;•economic or financial harm•reputational harm•harm to the person’s family, cultural or community relationships•harm to the person’s employment•domestic violence involving psychological abuse or harm to mental health•sexual harassment(g)the person participates in the act because of coercion, blackmail or intimidation, regardless of—(i)when the coercion, blackmail or intimidation occurs; or(ii)whether it occurs as a single incident or as part of an ongoing pattern;(h)the person participates in the act because the person or another person is unlawfully confined, detained or otherwise deprived of their personal liberty;(i)the person participates in the act because the person is overborne by the abuse of a relationship of authority, trust or dependence;(j)the person participates in the act because of a false or fraudulent representation about the nature or purpose of the act, including about whether the act is for health, hygienic or cosmetic purposes;(k)the person participates in the act with another person because the person is mistaken—(i)about the identity of the other person; or(ii)that the person is married to the other person;(l)the person is a sex worker and participates in the act because of a false or fraudulent representation that the person will be paid or receive some reward for the act;(m)the person participates in the act with another person on the basis that a condom is used for the act and the other person does any of the following things before or during the act—(i)does not use a condom;(ii)tampers with the condom;(iii)removes the condom;(iv)becomes aware that the condom is no longer effective but continues with the act.(2)Also for section 315B(1), if a person against whom an offence against section 315A is alleged to have been committed suffers relevant harm as a result of, or in connection with, the offence, the relevant harm suffered is evidence of the lack of consent on the part of the person unless the contrary is proved.(3)In this section—relevant harm means—(a)grievous bodily harm; or(b)harm that—(i)is not grievous bodily harm; and(ii)consists of complete or partial restriction of respiration or blood circulation, or both.315D Mistake of fact in relation to consent
(1)This section applies if a person alleges, for section 315B(1), that the person did an act under an honest and reasonable, but mistaken, belief that the other person consented to the act.(2)In deciding whether a belief of the person was honest and reasonable, regard may not be had to the voluntary intoxication of that person caused by alcohol, a drug or another substance.(3)A belief by the person that another person consented to an act is not reasonable if the person did not, immediately before or at the time of the act, say or do anything to ascertain whether the other person consented to the act.(4)Subsection (3) does not apply if the person proves that—(a)the person had at the time of the act—(i)a cognitive impairment within the meaning of section 348B; or(ii)a mental health impairment within the meaning of section 348C; and(b)the impairment was a substantial cause of the person not saying or doing anything.(5)The person bears the burden of proving the matters mentioned in subsection (4).(6)Evidence adduced by the person of the matters mentioned in subsection (4) must include evidence given by a person qualified to give expert evidence on the matters.
8Amendment of s 339 (Assaults occasioning bodily harm)
Section 339(7)—
insert—bodily harm means—(a)any bodily injury which interferes with health or comfort; or(b)harm that—(i)is not a bodily injury mentioned in paragraph (a); and(ii)consists of complete or partial restriction of respiration or blood circulation, or both.
9Amendment of s 348AA (Circumstances in which there is no consent)
(1)Section 348AA(2), ‘grievous bodily harm’—
omit, insert—relevant harm
(2)Section 348AA(4)—
omit, insert—(4)In this section—relevant harm means—(a)grievous bodily harm; or(b)harm that—(i)is not grievous bodily harm; and(ii)consists of complete or partial restriction of respiration or blood circulation, or both.
10Amendment of s 352 (Sexual assaults)
(1)Section 352(1)—
insert—(c)unlawfully engages in conduct, without another person’s consent, that completely or partially restricts the other person’s respiration or blood circulation, or both, and the conduct—(i)is a sexual act; or(ii)happens while the person and the other person are engaging in a sexual activity;(2)Section 352—
insert—(3A)For subsection (1)(c), conduct that completely or partially restricts another person’s respiration or blood circulation, or both, is unlawful unless it is authorised, justified or excused by law.
11Amendment of s 552BA (Charges of indictable offences that must be heard and decided summarily)
Section 552BA(4), definition relevant offence, after paragraph (a)—
insert—(aaa)an offence against section 315A, if the defendant pleads guilty to the offence; or
12Amendment of s 564 (Form of indictment)
Section 564—
insert—(3C)An indictment for an offence may also state the offence is a strangulation offence.See the Penalties and Sentences Act 1992, section 12B for when a conviction for the offence must also be recorded as a conviction for, or entered in the offender’s criminal history as, a strangulation offence.
13Amendment of s 572 (Amendment of indictments)
Section 572—
insert—(1C)Subsection (1D) applies if the court considers the offence charged in the indictment is also a strangulation offence.(1D)Without limiting subsection (1), the court may order that the indictment be amended to also state the offence is also a strangulation offence.
Part 9—
insert—Chapter 117 Transitional provisions for Criminal Code (Non-fatal Strangulation) and Other Legislation Amendment Act 2026
In this chapter—amendment Act means the Criminal Code (Non-fatal Strangulation) and Other Legislation Amendment Act 2026.former, in relation to a provision of this Act, means the provision as in force from time to time before the commencement.777Matters relating to offences committed against former s 315 or 315A before commencement
(1)This section applies in relation to an offence committed against former section 315 or 315A before the commencement.(2)Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the amendment Act had not commenced.(3)Subsection (2) applies despite section 11.Sections 564 and 572, as amended by the amendment Act, apply in relation to an indictment for an offence only if the offence was committed on or after the commencement.
Part 3 Amendment of Evidence Act 1977
This part amends the Evidence Act 1977.
16Insertion of new ss 103ZDA and 103ZDB
After section 103ZD—
insert—103ZDA Direction on differences in complainant’s account
(1)This section applies if evidence is given, or likely to be given, or a question is asked, or likely to be asked, of a witness in a criminal proceeding that tends to suggest a difference in the complainant’s account that may be relevant to the complainant’s truthfulness or reliability.(2)The judge must direct the jury—(a)that experience shows—(i)people may not remember all the details of a domestic violence offence or may not describe a domestic violence offence in the same way each time; and(ii)trauma may affect people differently, including affecting how they recall events; and(iii)it is common for there to be differences in accounts of a domestic violence offence; and(iv)both truthful and untruthful accounts of a domestic violence offence may contain differences; and(b)that it is up to the jury to decide whether or not any differences in the complainant’s account are important in assessing the complainant’s truthfulness and reliability.103ZDB Direction on responses to giving evidence
The judge in a criminal proceeding who is directing the jury about domestic violence generally may, if relevant, inform the jury that—(a)trauma may affect people differently, which means that some people may show obvious signs of emotion or distress when giving evidence in court about a domestic violence offence, but others may not; and(b)the presence or absence of emotion or distress does not, of itself, mean that a person is not telling the truth about a domestic violence offence.
17Amendment of s 103ZY (Direction on differences in complainant’s account)
Section 103ZY(3)—
omit.
After part 6C—
insert—In this part—section 315A offence means an offence against the Criminal Code, section 315A.(1)This part applies in relation to a criminal proceeding for a charge of an offence mentioned in this part that is—(a)a trial by jury; or(b)a trial by a judge sitting alone; or(c)a trial by a magistrate sitting alone.(2)For a trial by a judge or magistrate sitting alone, the court’s reasoning with respect to any matter mentioned in this part must, to the extent the court considers appropriate, be consistent with how a jury would be directed about the matter under this part in the particular case.103ZZZX When directions under part must be given
(1)If the judge is to give a direction under this part, the direction must be given at the earliest time in the proceeding that the judge determines is appropriate.(2)However, subsection (1) does not prevent the judge from giving a direction under this part at any time during the proceeding, including—(a)before any evidence is adduced in the proceeding; and(b)in the judge’s summing up to the jury.(3)The judge may repeat a direction under this part at any time in the proceeding.(4)The judge is not required to use a particular form of words in giving a direction under this part.103ZZZY Direction on lack of physical injury
(1)This section applies if—(a)the proceeding relates, wholly or partly, to—(i)a charge of a section 315A offence; or(ii)a charge of another offence involving conduct that completely or partially restricts a person’s respiration or blood circulation, or both; and(b)there is no evidence in the proceeding that the person against whom an offence is alleged to have been committed has suffered a physical injury as a result of the offence.(2)The judge may direct the jury that—(a)people who experience complete or partial restriction of respiration or blood circulation, or both, may have no physical injuries; and(b)the absence of injury does not, of itself, mean that a person is not telling the truth about the offence.(3)The judge may give a direction under subsection (2) if—(a)the judge is satisfied there is a good reason to give the direction; or(b)the judge is requested to give the direction by a party to the proceeding, unless the judge is satisfied there is a good reason not to give the direction.(4)In this section—restrict includes hinder, obstruct and prevent.103ZZZZ Direction on differences in complainant’s account
(1)This section applies if—(a)the proceeding relates, wholly or partly, to a charge of a section 315A offence; and(b)evidence is given, or likely to be given, or a question is asked, or likely to be asked, of a witness that tends to suggest a difference in the complainant’s account that may be relevant to the complainant’s truthfulness or reliability.(2)The judge may direct the jury—(a)that experience shows—(i)people may not remember all the details of a section 315A offence or may not describe a section 315A offence in the same way each time; and(ii)trauma may affect people differently, including affecting how they recall events; and(iii)it is common for there to be differences in accounts of a section 315A offence; and(iv)both truthful and untruthful accounts of a section 315A offence may contain differences; and(b)that it is up to the jury to decide whether or not any differences in the complainant’s account are important in assessing the complainant’s truthfulness and reliability.(3)In this section—complainant means a person against whom a section 315A offence is alleged to have been committed.103ZZZZA Direction on responses to giving evidence
(1)This section applies if the proceeding relates, wholly or partly, to a charge of a section 315A offence.(2)The judge may direct the jury that—(a)trauma may affect people differently, which means that some people may show obvious signs of emotion or distress when giving evidence in court about a section 315A offence, but others may not; and(b)the presence or absence of emotion or distress does not, of itself, mean that a person is not telling the truth about a section 315A offence.(3)The judge may give a direction under subsection (2) if—(a)the judge is satisfied there is a good reason to give the direction; or(b)the judge is requested to give the direction by a party to the proceeding, unless the judge is satisfied there is a good reason not to give the direction.
19Insertion of new pt 9, div 22
Part 9—
insert—Division 22 Transitional provision for Criminal Code (Non-fatal Strangulation) and Other Legislation Amendment Act 2026
Sections 103ZDA and 103ZDB and part 6D, as inserted by the Criminal Code (Non-fatal Strangulation) and Other Legislation Amendment Act 2026, apply in relation to a criminal proceeding only if the offence the subject of the proceeding was committed on or after the commencement.
20Amendment of sch 3 (Dictionary)
Schedule 3—
insert—difference, in an account, includes—(a)a gap in the account; and(b)an inconsistency in the account; and(c)a difference between the account and another account.section 315A offence, for part 6D, see section 103ZZZV.
Part 4 Amendment of Justices Act 1886
This part amends the Justices Act 1886.
22Amendment of s 4 (Definitions)
Section 4—
insert—strangulation offence see the Criminal Code, section 6C.
23Amendment of s 47 (What is sufficient description of offence)
Section 47—
insert—(10)A complaint for an offence may state the offence is also a strangulation offence.See the Penalties and Sentences Act 1992, section 12B for when a conviction for the offence must also be recorded as a conviction for a strangulation offence or entered in the offender’s criminal history as a strangulation offence.
24Amendment of s 48 (Amendment of complaint)
Section 48—
insert—(4)Subsection (5) applies if the justices consider the offence charged in the complaint is also a strangulation offence but the complaint does not include a statement to that effect.(5)Without limiting subsection (1), the court may order that the complaint be amended to state the offence is also a strangulation offence.
25Insertion of new pt 11, div 9
Part 11—
insert—Sections 47 and 48, as amended by the Criminal Code (Non-fatal Strangulation) and Other Legislation Amendment Act 2026, apply in relation to a complaint for an offence only if the offence was committed on or after the commencement.
Part 5 Amendment of Penalties and Sentences Act 1992
This part amends the Penalties and Sentences Act 1992.
27Amendment of s 4 (Definitions)
Section 4, definition prosecutor, ‘section 12A’—
omit, insert—sections 12A and 12B
28Amendment of s 9 (Sentencing guidelines)
(1)Section 9—
insert—(9D)Subsection (9E) does not apply if the court is sentencing an offender convicted of—(a)an offence against the Criminal Code, section 315 or 315A; or(b)another offence against an Act that is constituted by an act or omission that causes, directly or indirectly, the death of, or grievous bodily harm to, another person.(9E)In determining the appropriate sentence for an offender convicted of an offence involving strangulation conduct, the court must treat the strangulation conduct as an aggravating factor.(2)Section 9(12)—
insert—restrict includes hinder, obstruct and prevent.strangulation conduct means conduct—(a)capable of restricting a person’s respiration or blood circulation, or both; or(b)that completely or partially restricts a person’s respiration or blood circulation, or both.Examples of strangulation conduct—
•applying pressure to a person’s neck•covering a person’s nose or mouth•obstructing or interfering with a person’s respiratory system or accessory systems of respiration
After section 12A—
insert—12BConvictions for offences relating to strangulation
(1)Subsections (2) to (4) apply if—(a)a complaint or an indictment for a charge for an offence states the offence is also a strangulation offence; and(b)the offender is convicted of the offence.(2)If a conviction is recorded in relation to the offence, it must also be recorded as a conviction for a strangulation offence.An indictment for a charge for an offence states the offence is also a strangulation offence. The offender is convicted of the offence. If a conviction is recorded in relation to the offence, it must also be recorded as a conviction for ‘a strangulation offence’.(3)If no conviction is recorded in relation to the offence, the offence must be entered in the offender’s criminal history as a strangulation offence.(4)However, a matter must not be recorded or entered under subsection (2) or (3) in relation to the offence if the court makes an order to the effect it is not satisfied the offence is also a strangulation offence.See the Evidence Act 1977, section 132C, which provides for the sentencing judge or magistrate in any sentencing procedure in a criminal proceeding to act on allegations of fact.(5)If a court is satisfied an error has been made in recording or entering an offence as a strangulation offence, the court may, on an application or its own initiative, correct the error.(6)For this section, proof that an offence is a strangulation offence lies on the prosecutor.(7)To remove any doubt, it is declared that this section does not require a matter to be recorded or entered in an offender’s traffic history under the Transport Operations (Road Use Management) Act 1995.(8)In this section—strangulation offence see the Criminal Code, section 6C.
30Insertion of new pt 14, div 30
Part 14—
insert—Division 30 Transitional provision for Criminal Code (Non-fatal Strangulation) and Other Legislation Amendment Act 2026
Section 9, as amended by the Criminal Code (Non-fatal Strangulation) and Other Legislation Amendment Act 2026, applies to the sentencing of an offender after the commencement whether the conviction happened before or after the commencement.
Schedule 1 amends the legislation it mentions.
1Schedule 2, item 2, entry for section 315A, column 2—
omit, insert—Strangulation and similar conduct in a domestic setting and other coercive relationships
2Schedule 4, item 4, entry for section 315A, column 2—
omit, insert—Strangulation and similar conduct in a domestic setting and other coercive relationships
1Schedule 1AA, entry for Criminal Code, entry for section 315A, column 2—
omit, insert—Strangulation and similar conduct in a domestic setting and other coercive relationships
1Schedule 4, item 4, entry for section 315A, column 2—
omit, insert—Strangulation and similar conduct in a domestic setting and other coercive relationships