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Section 10 No Conviction is sometimes the best outcome in court. That’s because, if guilty, you can still avoid a criminal record with a section 10 no conviction.
Criminal records can be devastating to your life. They make it harder to get a job, can impede overseas travel and lead you to lose your driver’s licence. We believe that someone who has been a good person their whole life working hard and looking after their families, should not be punished with a conviction for a momentary mistake. Our view is that everyone deserves a second chance and that the punishment should fit the crime.
For these reasons, we give a you a voice at court and fight harder for your reputation than any other criminal lawyers. Our experienced criminal lawyers know the best magistrates and judges. We know who give section 10s and the arguments they want to hear to decide in your favour.
Below is information about section 10s. If you need representation or section 10 advice, make a website enquiry or call our free 24/7 criminal law hotline on (02) 8815 8167. Australian Criminal Law Group are based in Sydney, Parramatta and Blacktown and represent clients from across the broader Sydney area.
A section 10 is when you are guilty and sentenced but the court dismisses the offence without recording a conviction.
When the court has not recorded a conviction, you are not given a criminal record and for traffic offences, you keep your driver’s licence.
Under section 10, the court can dismiss the charge outright or place you on a Conditional Release Order which is similar to a good behaviour bond.
The reason section 10 exists has been best said by judges in court cases that our criminal lawyers cite to get our clients the result they want.
His Honour Berjin J said of section 10:
The dismissal of charges against first offenders in certain circumstances is appropriate. This power reflects the willingness of the legislature and the community to provide first offenders, in certain circumstances, a second chance to maintain a reputation of good character.
His Honour Gleeson CJ, has expressed similar sentiments, saying:
The legal and social consequences of being convicted of an offence often extend beyond any penalty imposed by a court… [Section 10 provides] a capacity in special circumstance to avoid the rigidity of inexorable law is of the very essence of justice
Yes. It is possible to get more than one section 10. Our criminal lawyers have obtained up to five section 10s for our clients!
The application of section 10s is discretionary and requires a court to consider certain factors. Those are:
People entitled to leniency. These include a young person who may not appreciate the consequences of their conduct or a mature person with no prior offending.
Good character is shown by character references and other achievements in life. Employment, family, sporting achievements and any charitable conduct are relevant.
Criminal antecedents mean criminal and traffic record. A person with no criminal record is entitled to leniency.
Poor health is a relevant matter to the imposition of a section 10. Especially if poor health will make any other penalty more onerous or difficult for you.
Mental conditions such as anxiety, depression, ADHD, autism, bipolar, or schizophrenia, are matters that can lead the court to use a section 10. Especially where the offending is causally linked to the mental condition or prevented you from appreciating the consequences of what you did.
The court will consider the seriousness of the offending in deciding whether to give you a section 10.
The decision of Walden v Hensler (1987) 163 CLR 561 dealt with a similar provision to section 10. This has been used to inform the meaning of “the trivial nature of the offence”. In that case, his Honour Brennan J said:
Triviality must be ascertained by reference to the conduct which constitutes the offence for which the offender is liable to be convicted and to the actual circumstances in which the offence is committed. It was erroneous to ascertain the triviality of the offence by reference simply to the statutory provision which prescribes the maximum penalty.
In the High Range PCA Guideline Judgment (2004) 61 NSWLR 305, his Honour by Howie J said of section 10:
Where the offence committed is objectively a serious one and where general deterrence and denunciation are important factors in sentencing for that offence, the scope for the operation of the section decreases.
While triviality is one factor the court will consider, section 10s are often given for offences that are not trivial.
Extenuating circumstances explain why an offence occurred. An easy example to understand would be someone speeding in their car to transport a family member to the hospital. Or stealing to feed a hungry child where no other option was available.
The court can consider the consequences of a conviction in deciding whether to give a section 10 or not. Consequences of a conviction that might lead the court to give a section 10 include loss of employment or employment prospects and inability to travel.
If you are going to ask the court for a section 10, it is vital that your case is tailored to make that argument.
Our experienced criminal lawyers take the following approach to getting our clients section 10s:
Australian Criminal Law Group have some of Sydney’s best criminal lawyers. Our criminal lawyers consistently get section 10 dismissals for their clients.
Cases where our solicitors have obtained section 10 dismissals include:
Our offices are in Sydney, Parramatta, and Blacktown but our criminal lawyers regularly appear in all courts across the greater Sydney area to represent their clients. We offer fixed fees for non complex cases as well as first free consults.
Get in touch with us on (02) 8815 8167, email us at info@aclawgroup.com.au or send us a website enquiry.