In Cook, R. v [2023] EWCA Crim 452, April 4, 2023, the Court of Appeal considered the approach to sentencing for the offence of non-fatal strangulation, contrary section 75A to the Serious Crime Act 2015.  The Court of Appeal noted that the “act of strangulation inevitably creates a real and justified fear of death. The victim will be terrified and often will be unconscious within a relatively few seconds if pressure is maintained. There is real harm inherent in the act of strangulation” (at paragraph 4).

The Court of Appeal held that because of “the inherent conduct required to  establish this offence a custodial sentence will be appropriate, save in exceptional circumstances. We consider that ordinarily that sentence will be one of immediate custody. The starting point will be 18 months’ custody. In this instance the offender was a man, and the victim was a woman. As we have noted, the offence is much more often committed by a man against a woman, however the starting point will be the same irrespective of the gender of the perpetrator. The starting point may be increased by reference to the following factors, this list not being exhaustive” (at paragraph 16):

(i) History of previous violence. The significance of the history will be greater when the previous violence has involved strangulation.

(ii) Presence of a child or children.

(iii) Attack carried out in the victim’s home.

(iv) Sustained or repeated strangulation.

(v) Use of a ligature or equivalent.

(vi) Abuse of power.

(vii) Offender under influence of drink or drugs.

(viii) Offence on licence.

(ix) Vulnerable victim.

(x) Steps taken to prevent the victim reporting an incident.

(xi) Steps taken to prevent the victim obtaining assistance.