Jones, R. v [2025] EWCA Crim 195 (30 January 2025)

Section 75A creates a single offence of non-fatal strangulation or suffocation; the judge's directions were not wrong in law and caused no unfairness; convictions are safe.

Citation: [2025] EWCA Crim 195
Parties: Prosecution: Rex; Appellant: Anthony Jones
Jurisdiction: England and Wales
Judgment Date: 30 January 2025
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: appeal dismissed
Legal Topics: Strangulation, Suffocation, Serious Crime Act 2015, Domestic Abuse Act 2021, Jury Directions, Indictment Particulars

Criminal Law Strangulation Suffocation Serious Crime Act 2015 Domestic Abuse Act 2021 Jury Directions Indictment Particulars

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Parties

Rex

Prosecution

Anthony Jones

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Does section 75A of the Serious Crime Act 2015 create one offence or two?
2 Were the jury directions on non-fatal strangulation under section 75A(1)(a) legally correct?
3 Is conviction safe where directions may have included elements of suffocation not charged?

Ratio Decidendi

Section 75A creates a single offence of non-fatal strangulation or suffocation; the judge's directions were not wrong in law and caused no unfairness; convictions are safe.

Court Disposition

appeal dismissed

Orders

convictions on counts 2 and 6 affirmed
no error of law found