Section 10 Dismissal | Traffic Lawyers Sydey | Lyons Law Group
Section 10 orders are a criminal sanction a magistrate or judge can impose at sentencing. Under the Crimes (Sentencing Procedure) Act 1999 (NSW) a court can find the accused guilty without a criminal conviction. These orders can include conditions.
Section 10 Crimes (Sentencing Procedure) Act 1999 identifies the three orders which may be made when a court decides not to convict an offender:
- s 10(1)(a) order, dismissing the relevant charges
- s 10(1)(b) order, discharging the person under a conditional release order (CRO)
- s 10(1)(c) order, discharging the person on condition of participation in an intervention program.
A CRO may be made under s 10(1)(b) if the court is satisfied under s 10(2).
Section 10 NSW
As stated above, section 10 in NSW is covered by the Crimes (Sentencing Procedure) Act 1999 (NSW) where a court can find the accused guilty without a criminal conviction.
Section 10 Bond
A sentencing Court can impose a CRO without recording a conviction. This means that the sentence will not be a criminal conviction and will not show on your criminal record.
However, a CRO without conviction can have an additional condition, for example to be of good character of 12 months. This is similar to the old good behaviour bonds imposed previously before the new legislation was introduced.
How to Apply for a Section 10 Dismissal?
Criminal convictions can result in lifelong consequences, such as a criminal record and a driving ban. These can affect your chances of getting certain jobs, your ability to travel, and your eligibility for visas.
When a court considers whether your case can be dealt with by way of section 10, the following matters are usually taken into account;
- The person’s age, character, health, and mental condition;
- The trivial nature of the offence;
- Whether the extenuating circumstances in which the offence was committed; and
- Any other matter the Court thinks proper to consider.
In support of your application for a section 10, it will assist you in providing the court the following documents and material;
- Provide the Court with an apology letter, in this letter you should tell the court your personal circumstance. If you need help on writing an apology letter, to the Court, click here to find out more;
- Provide the Court with evidence of the detrimental effects that a conviction can have on both you and your family. Accordingly, you should prepare a reference letters on your behalf. If you need help with writing a reference letter to the Court, contact our expert criminal defence lawyers.
- Provide any other documents that may assist the court in determining whether you can should be dealt with by way of section 10.
Section 10 Dismissal
The ability to dismiss charges against 1st-time offenders in certain cases has been deemed acceptable, as it shows the legislature and society are willing to give them a chance to keep a good reputation. R v Ingrassia (1997) noted that other penalties beyond those handed down by a court may exist, and this should be taken into account when exercising the discretion.
Can you get a Section 10 for Opal Evasion?
Yes, you can obtain a section 10 for Australia opal evasion offence. However, as stated above a number of factors will need to be taken into account by the Court. This may need previous similar offending and/or your criminal history.
Legal Advice
Lyons Law Group has successfully helped clients with various charges, like traffic, DUI, drugs, theft, assault, and domestic violence, get Section 10 dismissals, bonds, and intervention programs. Our criminal defence attorneys offer realistic advice on Section 10 dismissals, and help you highlight the good aspects of yourself and what you need to present in court. We’ll assist you through the court process, and work to reduce the legal implications of the offence.
Contact our Parramatta Criminal Lawyers as soon as possible. We can assist you in preparing your sentence and obtain the best outcome for you.
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