A section 10 dismissal is where a defendant pleads guilty or is found guilty of a criminal offence but the court decides not to impose a criminal conviction.
A section 10(1)(a) dismissal means the defendant is discharged without a criminal conviction and no good behaviour or fine is imposed.
A section 10(1)(c) order is where the defendant is discharged without a criminal conviction on the condition he or she enters into an intervention program – such as drug program, anger management program or traffic offender program.
Another type of ‘non conviction order’ is a conditional release order without a conviction, which is essentially a good behaviour bond which lasts up to 2 years.
All of these orders are potentially available for any criminal offence, whether it be a relatively minor offence such as common assault, drug possession, drink or drug driving, or driving whilst disqualified a more serious offence such as assault occasioning actual bodily harm, drug supply, reckless or dangerous driving.
If you wish you plead guilty to a criminal offence – or a major traffic offence – it is important to engage specialist criminal defence lawyers with a proven track record of consistently achieving non-conviction orders.
The Team at Sydney Criminal Lawyers are experts in criminal law, and have an outstanding track record of helping clients avoid criminal records in difficult situations; including cases where our clients have been advised by other lawyers that avoiding a conviction is not possible (see our success stories).
If you are going to court, we offer a free first conference with one of our lawyers, who will advise you of your options, the best way forward and fight to achieve the most lenient outcome in the circumstances.
So call us today on (02) 9261 8881 and see why we are Australia’s Most Awarded Criminal Law Firm.
Here is some further information about section 10 orders as well as conditional release orders without conviction.
What does section 10(1)(a) say?
Section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) gives the court power to deal with ‘guilty’ persons by dismissing’ the charge/s completely.
The important thing is that there is no criminal conviction, no good behaviour bond, no fine and – in driving cases – no licence disqualification.
Who can get a section 10 dismissal?
Section 10 dismissals are available for all criminal charges and driving charges, except where a person has been guilty of a second major traffic offence within a 5 year period.
The court must consider the following matters when deciding whether to grant a section 10 dismissal:
(a) the person’s character, antecedents (ie history), age, health and mental condition,
(b) the trivial nature of the offence,
(c) the extenuating circumstances in which the offence was committed, and
(d) any other matter that the court thinks proper to consider.
Does the offence have to be 'trivial' to get a section 10 dismissal?
Not necessarily. Although someone is more likely to get a section 10 dismissal if the offence is ‘trivial’ (ie not serious), the cases make it clear the section can be used for very serious offences also.
What are 'extenuating circumstances'?
An ‘extenuating circumstance’ is something out-of-the-ordinary that can partly explain why the offence was committed.
For example, in the case of R v Paris [2001], the defendant’s wife tormented and assaulted him before he ‘lost the plot’, grabbed a knife and committed offences against police.
Similarly, the defendant in the case of R v Piccin (No 2) [2001] had a terrible life whereby she lost her husband, was then ‘duped’ by a con-artist out of her home and two business and was then ‘dumped’ by her new partner (the man she assaulted).
Although such circumstances do not excuse the conduct, they can go some way towards explaining it and increasing the chances of a section 10 dismissal.
How do I increase my chances of getting a section 10 dismissal?
Your chances of getting a section 10 dismissal are better if you provide the court with material showing that:
- you are a person of good character, which can be done by preparing up to 3 character references (see character reference guide); and/or
- the offence occurred during a difficult time in your life, which can be shown by preparing ‘written instructions’ for your lawyer (which is just a handwritten outline of the events leading up to the incident) which your lawyer can use when addressing the court, and/or
- you have taken steps towards addressing any underlying issues, which can be done through attending counselling, attending a course (eg anger management, drug and alcohol etc) and/or seeing a psychologist / psychiatrist and having your lawyer obtain a report.
For driving offences, the chances of getting a section 10 dismissal are better if you complete a Traffic Offender Program.
An early plea of ‘guilty’ is also relevant as it shows that you quickly accepted responsibility and are remorseful.
If you are going to court and would like to arrange a free conference to discuss your options and the best way forward, call us today on (02) 9261 8881.
The end result was a full dismissal with no conviction (Neil S.)
Mariecar provided excellent guidance that allowed me to prepare submissions that properly represented my character, circumstances and remorse. The end result was a full dismissal with no conviction. She made me feel a bit more at ease with her calm disposition on court day.
Full dismissal with no conviction (Neil S.)
Mariecar provided excellent guidance that allowed me to prepare submissions that properly represented my character, circumstances and remorse. The end result was a full dismissal with no conviction. She made me feel a bit more at ease with her calm disposition on court day.
Dismissed just before Christmas (Margy H.)
Great results could not of asked for a better Christmas
My son was represented by Jason Koh in court for an Indecent assault charge. We were so happy with the case being dismissed just before Christmas.
Jason’s professionalism and knowledge was excellent and my son felt very comfortable talking with Jason.
I would also like to thank Bernard D Brassil.
I highly recommend Jason, Thank you.
I would strongly recommend this firm ( Avula G.)
Extremely happy with the service and outcome. Fahim has been so helpful, understanding, and extremely professional in explaining the possible steps and outcomes. He is very knowledgeable and had answers to all my questions. He did a fantastic job while defending my case and got all the charges dismissed. I would strongly recommend this firm. Thank you so much, Fahim - you are the best!
I was released from prison (John B.)
I recently fell into a slight spot of bother which required an appearance in court.
I approached SCL and soon met Jason who advised a number of actions to undertake prior to my court date.
Unfortunately prior to my appearance, I accidentally missed reporting my bail and was put into jail. Somehow SCL realised this had happened and Jason was able to appear for me while I phoned in on video link. I was released from prison and my bail conditions were withdrawn (good result!).
Upon my actual court hearing I received a Section 10 for an assault occasioning actual bodily harm (great result!).
Thanks to Jason for the help and support along the way.
His performance in court was very professional (Alan J.)
I am extremely happy with Fahim Khan and Sydney Criminal Lawyers. He managed my case very well and helped keep me stay confident and relaxed during a stressful time. He showed diligence throughout the preparation process and his performance in court was very professional, showing a great rapport with the magistrate and prosecution. He reached my desired outcome, with all charges dismissed and withdrawn. I strongly recommend being represented by this law firm.