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    Section 10 Dismissal – No Conviction

    A complete guide to Section 10 dismissal including how to have charges dismissed through section 10 and what offence it applies to

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      Section 10 Dismissal

      Our specialist criminal defence lawyers have years of experience in helping our clients avoid criminal convictions. We have achieved section 10 dismissals for offences such as:

      • Drug supply;
      • Serious assaults;
      • Possess child pornography;
      • Indecent assaults;
      • Fraud (where the money amounted to thousands of dollars);
      • Serious driving offences.

      Contact us now to speak to our accredited specialist criminal lawyer who can quickly assess your case and begin preparing to have your charge dismissed and no criminal conviction recorded.

      What is a Section 10?

      A Section 10 is and order by the Court to dismiss a charge without recording a conviction. It is contained in Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) which allows you to avoid having a criminal conviction recorded against you when you plead guilty to an offence.

      You can also receive a Conditional release order (CRO) without conviction. This is where no conviction is recorded, however you are placed on a good behaviour bond for a period of time.

      Can I get a Section 10 dismissal?

      You can receive a Section 10 dismissal for most offences. However, for some traffic offences, you cannot receive more than one Section 10 within a five year period.

      Contact us now to see whether you are eligible for a Section 10 dismissal.

      What factors does the Court take into account for Section 10 dismissals?

      The Court must assess the following when deciding whether or not to grant a Section 10 dismissal:

      • (a) your 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.

      The above list is non-exhaustive (R v Paris [2001] NSWCCA 83).

      The decision of R v Mauger [2012] NSWCCA 51 involved a Defendant being sentenced to a Section 10 bond for a charge of drug supply. The court set out that:

      “the legal and social consequences for recording a conviction far outweighed the requirements of punishment, denunciation and (specific and general) deterrence”.

      Can I get a Section 10 for a traffic infringement?

      Yes, you can. Obtaining a Section 10 dismissal for a traffic infringement will mean that you will not pay any fine.

      More significantly, you will also not concede any demerit points. We have achieved this many time to help our clients keep their driver’s licences.

      How do I get a Section 10 dismissal?

      There are some things that you can prepare to increase your chances of being granted a Section 10 dismissal. Following our guides to pleading guilty will provide some assistance in avoiding a conviction. There are different guides for each specific type of offence (eg. assault, drug, fraud).

      Of course, instructing a specialist criminal defence lawyer to represent you will significantly increase your chances of avoiding a conviction.

      Our accredited specialist criminal lawyer is known by Magistrates and Judges. This is reflected in our exceptional track record of obtaining non-convictions.

      Contact us now to book a consultation.

       

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