Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

34AD Non-fatal strangulation intentionally causing injury

(1)A person (A) commits an offence if— Penalty: Level 5 imprisonment (10 years maximum).

(a)A intentionally and without lawful excuse chokes, strangles or suffocates another person (B); and

(b)A intends the choking, strangling or suffocation to cause an injury to B; and

(c)the choking, strangling or suffocation causes an injury to B; and

(d)A is a family member of B.

A mistaken but honest and reasonable belief that A was not a family member of B is not a defence to this offence—see section 34AK.

(2)For the purposes of subsection (1), it is not a lawful excuse that B consented to the conduct constituting the offence.

(3)A does not commit an offence against subsection

(1)if the conduct constituting the offence occurs in the course of a procedure carried out in good faith for medical or body modification purposes.

1 A tattoos B's neck at the request of B. 2 A gives B a neck piercing at the request of B.