Our Recent NSW Criminal Court Results – Non Conviction Orders

A criminal conviction can have a serious impact on your future, but with the right legal help it can be possible to avoid a conviction, even for relatively serious cases.

A Section 10 order (now section 10 dismissal or conditional release order) is a finding of guilt without a criminal conviction, and judges or magistrates award these at their discretion.

If you receive a non conviction order, you will not be penalised for your offence, and you will not get a criminal conviction, which means that you won’t have to worry about the impact of a criminal conviction on your future work or travel plans.

At Sydney Criminal Lawyers®, our recent NSW criminal court results show an unbeaten track record of successfully obtaining non conviction orders for a wide range of different criminal matters.

Non conviction orders for drug possession, after drug supply charges withdrawn

Sydney Criminal Lawyers® recently had success obtaining a non conviction order for a client who was being charged with drug possession after being found with 10 ecstasy tablets in her possession.

The client had also been charged with two counts of drug supply. Sydney Criminal Lawyers® successfully fought for the supply charges to be dismissed, and then persuaded the magistrate to award a non conviction order.

This allows her to avoid any criminal convictions that could have prevented her pursuing her chosen career as a social worker.

This is just one example of more than a dozen recent drug possession and drug supply cases that Sydney Criminal Lawyers® has obtained a non conviction order for.

Non conviction orders for assault occasioning actual bodily harm (ABH)

In another recent case, Sydney Criminal Lawyers® successfully obtained a non conviction order for a client who was guilty of assault occasioning ABH.

The client was a young security guard who needed a clean criminal record to be able to work in his occupation.

The incident had taken place during a soccer match when the defendant punched another man’s nose, breaking it and causing hospitalisation and requiring surgery.

In spite of the seriousness of the injuries, Sydney Criminal Lawyers® was able to obtain a non conviction order for the client, and he was able to continue in his occupation.

Non conviction orders for resist police, assault police and offensive conduct

A 34-year-old Peruvian woman was charged with two counts of assaulting police, in addition to charges of resisting police and offensive conduct.

Sydney Criminal Lawyers® managed to obtain a non conviction order on her behalf, which means she will have a better chance of getting permanent residency.

Non conviction orders for dog attack charges

In a recent case at Downing Centre District Court, a 51-year-old man who was a client of Sydney Criminal Lawyers® received a non conviction order after his dogs attacked a neighbour’s cat which later died. Regrettably, it was the second attack by the same dogs which made the case far more serious.

It was important that the man remained conviction-free, as he is an electrician and needs to be able to keep his security licence.

Non conviction orders for negligent driving occasioning grievous bodily harm (GBH)

A 30-year-old truck driver represented by Sydney Criminal Lawyers® was recently given a non conviction order for a charge of negligent driving occasioning GBH.

The truck driver had driven negligently and seriously injured several cyclists, including a doctor who tragically sustained brain injuries.

The non conviction order was obtained in spite of the driver having 31 previous speeding convictions and having previously been disqualified for dangerous driving.

Whether or not you are granted a non conviction order depends largely on:

• The seriousness of your particular charges,
• The negotiations undertaken by your lawyer to get your charges reduced and/or to change the police ‘facts’ so that they are less serious,
• The preparations undertaken and guidance given by your lawyer to place you in the best position for court; including preparing detailed submissions, assisting with character references, any letter of apology, any counselling (eg for drugs, alcohol, gambling or anger management) and even offering to pay compensation for medical expenses or sums stolen,

And very importantly:

• The courtroom ability of your lawyer; specifically their ability to persuasively present the strongest points in your case.

A top criminal defence lawyer with a strong history of successfully obtaining non conviction orders can help you avoid a criminal conviction, even for relatively serious offences.