Criminal Code, section 246(a)

Overcoming resistance to commission of offence (attempting to choke, suffocate or strangle)

What the law says

Maximum
Life imprisonment
Mandatory minimum
No mandatory minimum
Kind of offence
Violent

Read the statute on the Justice Laws website

3 cases with this offence

  1. November 21, 2022
    R. v. H.A.V., 2022 BCSC 2116Sexual assault; Overcoming resistance to commission of offence (attempting to choke, suffocate or strangle), Vancouver. Justice Wendy A. Baker
    • Below the Crown's ask
    35 months (31 months sexual assault plus 4 months consecutive for attempted choking), less 9 months pre-sentence credit, leaving 26 months
  2. November 26, 2021
    R. v. T.J.S., 2021 NSSC 328Sexual assault; Uttering threats to cause death or bodily harm; Overcoming resistance to commission of offence (attempting to choke, suffocate or strangle), Halifax. Justice C. Richard Coughlan
    4 years federal imprisonment; concurrent 12 months (threat) and 2 years (choking)
  3. July 16, 2021
    R. v. Cantrill, 2021 BCSC 1652Aggravated assault; Kidnapping; Extortion; Overcoming resistance to commission of offence (attempting to choke, suffocate or strangle), Chilliwack. Justice Ward K. Branch
    10 years on kidnapping; 5 years extortion, 4 years overcoming resistance and 3 years aggravated assault concurrent

Judges who sentenced this offence

All judges by leniency score

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