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Strangulation or suffocation / Racially or religiously aggravated strangulation or suffocation

s.75A Serious Crime Act 2015, s.29 Crime and Disorder Act 1998 · Triable either way

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Sentencing framework

The sentencing framework for strangulation or suffocation offences considers the nature of the act (culpability) and its impact on the victim (harm). Sentences vary based on the level of culpability and harm, with specific aggravating and mitigating factors influencing the final sentence. The guidelines specify community orders for lesser offences and custodial sentences for more severe instances, especially in aggravated cases.

Maximum sentence

5 years’ custody for strangulation/suffocation; 7 years’ custody for racially or religiously aggravated offences

Court

Triable either way

Starting point

3 years 6 months’ custody for high culpability harm; 2 years 6 months’ custody for medium culpability; 1 year 6 months’ custody for low culpability

Offence range

High level community order – 4 years 6 months' custody for strangulation; 1 year 6 months’ custody – 3 years 6 months’ custody for low harm; 1 year’s custody – 3 years’ custody for high culpability medium harm

Aggravating factors

  • ·Previous convictions
  • ·Offence committed in a domestic abuse context
  • ·Presence of children
  • ·History of violence or abuse towards victim by offender
  • ·Victim isolated and unable to seek assistance
  • ·Gratuitous degradation of victim
  • ·Offence committed while on bail
  • ·Offender motivated by hostility based on characteristics of victim

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Genuine remorse
  • ·Positive character and/or exemplary conduct
  • ·History of significant violence or abuse towards the offender by the victim
  • ·Age and/or lack of maturity (especially for young adults)
  • ·Determinable steps taken to address addiction or offending behaviour
  • ·Difficulty and/or deprived background or personal circumstances

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

  1. Step 1 — Determining the offence category
  2. Step 2 — Starting point and category range
  3. Step 3 — Aggravated offences
  4. Step 4 — Consider any factors which indicate a reduction for assistance to the prosecution
  5. Step 5 — Reduction for guilty pleas
  6. Step 6 — Dangerousness
  7. Step 7 — Totality principle
  8. Step 8 — Compensation and ancillary orders
  9. Step 9 — Reasons
  10. Step 10 — Consideration for time spent on bail (tagged curfew)

Guideline notes

  • Sentencing guidelines must be followed unless it would be contrary to the interests of justice.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.