New figures show there have been almost 500 prosecutions for choking, strangulation or suffocation in a domestic setting since the offence was introduced in Queensland three years ago.

Key points: The research reveals 98.3 per cent of offenders are men, with the average age of offenders being 31.8 years

The research reveals 98.3 per cent of offenders are men, with the average age of offenders being 31.8 years Almost half of the cases breached a domestic violence order (DVO)

Almost half of the cases breached a domestic violence order (DVO) The sentencing spotlight noted no mandatory imprisonment penalty existed for strangulation in Queensland

The Queensland Sentencing Advisory Council (QSAC) released a spotlight report on the crime, showing 482 prosecutions for the offence were made from 2016 to 2018.

The research reveals 98.3 per cent of offenders were men.

Of the 287 offenders sentenced, three quarters were imprisoned and the average sentence amounted to 1.9 years.

QSAC chair Judge John Robertson said he was surprised at how commonplace the crime appeared to be.

"It struck me when I first read the research material that it's a very prevalent offence, so it's obviously a section that's being used a lot more frequently by the police," he said.

"So instead of charging someone with assault or breach of a domestic violence order, they're charging people with this offence and the reason is obvious — it's an offence of a different nature.

"Obviously, punching your partner in the face in the heat of a domestic argument is a terrible thing to do, but to take that further step and start strangling them or choking them, is another step up in most circumstances.

Strangulation offence introduced in 2016

The offence of choking, suffocation or strangulation was introduced on May 5, 2016, following a recommendation made by the Special Taskforce on Domestic and Family Violence in Queensland.

In its report, the taskforce found that strangulation was a key predictor of domestic homicide, and an appropriate penalty should be applied to account for this increased risk of subsequent escalation to the victim.

Section 315A of the Criminal Code (Queensland) provides that a person who commits the offence of strangulation in a domestic context is liable to a maximum penalty of seven years' imprisonment.

Offenders ranged in age from 15 to 60, but the average age was 31.8 years. ( ABC News: Ashleigh Stevenson )

In terms of the number of sentences for strangulation across the state:

92 occurred in the Brisbane and Ipswich metropolitan area

92 occurred in the Brisbane and Ipswich metropolitan area 40 took place south of Brisbane and on the Gold Coast

40 took place south of Brisbane and on the Gold Coast 40 were located on Sunshine Coast

40 were located on Sunshine Coast 25 took place in the Darling Downs and south-west region

25 took place in the Darling Downs and south-west region 40 were located in central Queensland

40 were located in central Queensland 29 in north Queensland

29 in north Queensland 21 in far north Queensland

Judge Robertson said almost half of the cases breached a domestic violence order (DVO). ( ABC News: Liz Pickering - file photo )

Offenders ranged in age from 15 to 60, but the average age was 31.8 years.

Judge Robertson said almost half of the cases breached a domestic violence order (DVO).

"Usually there are other offences as well, because these offences are very infrequently committed in isolation," he said.

"It's usually a progressive course of conduct — starting with verbal and physical abuse, which in the case of 50 per cent of the cases, involves a breach of an existing protection order, and then it escalates into assault, and then escalates further into this type of conduct."

No mandatory imprisonment penalty for strangulation

QSAC's Sentencing Spotlight noted no mandatory imprisonment penalty existed for strangulation in Queensland and courts retained wide discretion for deciding the types of penalties imposed for such offences, with aggravating and mitigating factors required to be taken into consideration.

Judge Robertson said with any new legislation, the length of sentences could take some time to be ironed out because it was often a challenge for courts to determine an appropriate timeframe without any available guidance from the Court of Appeal.

"The District Court initially were using comparable decisions from the Court of Appeal, dealing with violent assault in a domestic setting as guidance for the appropriate response," he said.

Judge Robertson says with any new legislation, the length of sentences can take some time to be ironed out. ( ABC News: Danielle Bonica )

"But towards the end of last year, there were two Court of Appeal decisions which really pointed out, consistently with the Not Now, Not Ever report, that this is a different type of offence.

"It has the same maximum penalty as assault occasioning bodily harm — that is seven years — but it involves as a general proposition, more serious conduct, so the sentences should be more significant.

"One of those cases upheld a sentence of four years, so when you think, it was a plea of guilty, a four-year sentence for a plea of guilty, when the maximum is seven. It was a pretty significant response from the court."

Judge Robertson said the Court of Appeal and judges at the District Court level were clearly keen to send a strong message to men who tried to strangle their partners.

"If you engage in this sort of conduct then you're likely to lose your liberty," he said.