Section 10 Dismissal Lawyers Sydney
Avoid a criminal conviction and maintain a clean record by securing a Section 10 Dismissal with our expert Sydney criminal defence & traffic lawyers.
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Secure a Section 10 Dismissal For No Conviction
Being found guilty of a criminal or traffic offence in NSW can have lasting consequences, including a criminal conviction that affects your employment and ability to travel overseas. A Section 10 dismissal is a unique order where the court does not record a conviction, offering a crucial second chance to protect your future.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our expert criminal lawyers have a formidable track record of obtaining Section 10 dismissals for all types of offences including:
- Drug supply
- Serious assaults
- Indecent assaults
- Possess child pornography
- Fraud
- Serious driving offences
What is a Section 10 Dismissal?
A Section 10 dismissal is an order made under the Crimes (Sentencing Procedure) Act 1999 (NSW) where a court finds you guilty of an offence but exercises its discretion not to record a criminal conviction. If you receive a Section 10, you avoid a criminal record and any further penalty for that offence.
This order is available for a wide range of criminal and traffic matters, including drink driving, drug possession, common assault, and driving whilst suspended. For a traffic offence, a Section 10 dismissal means you also avoid licence disqualification and demerit points.
A court can also issue a non-conviction order with conditions, such as a Conditional Release Order (CRO). This is where no conviction is recorded, but you are required to be of good behaviour for a period of up to two years.
Who can get a Section 10 Dismissal?
A Section 10 dismissal is available for a wide range of criminal and traffic offences in NSW. While it is more commonly granted to first-time offenders, anyone is eligible for a Section 10, even if you have a prior criminal record. The key is presenting a compelling case to the court.
When deciding whether to grant a dismissal, a Magistrate or Judge must consider several key factors, including:
- Your character, age, health, and mental condition
- Your criminal history (or lack thereof)
- The trivial nature of the offence
- Any extenuating circumstances that help explain why the offence was committed
- Any other matter the court considers relevant
Does the offence have to be 'trivial' to get a Section 10?
No, not necessarily. While a Section 10 dismissal is more likely for a less serious or ‘trivial’ offence, the law makes it clear that this order can be granted for very serious offences as well.
The triviality of the offence is just one of several factors the court weighs. Our criminal defence lawyers focus on building a comprehensive case that highlights all mitigating factors, ensuring the court understands the full context of your situation, regardless of the charge.
What are 'extenuating circumstances'?
Extenuating circumstances are out-of-the-ordinary situations that can help explain, though not excuse, why an offence occurred.
These are crucial factors that allow a Magistrate to see you as a person, not just a defendant, and can significantly increase the chances of receiving a Section 10 dismissal.
These circumstances might include acting under extreme emotional distress, responding to a personal crisis or emergency, or being provoked.
Our role as your criminal lawyer is to carefully present these details to the court to provide vital context for your actions.
How We Increase Your Chances of Getting a Section 10
Securing a Section 10 dismissal requires a strategic and meticulously prepared case. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we focus on presenting the strongest possible argument to the court on your behalf.
Our approach includes:
- Gathering Character References:Â We guide you in obtaining powerful character references that attest to your otherwise good character.
- Demonstrating Remorse:Â An early plea of guilty and a well-written letter of apology can demonstrate genuine remorse and acceptance of responsibility.
- Presenting Your Story:Â We help you articulate any difficult life events or extenuating circumstances that provide important context for the offence.
- Proving Rehabilitation:Â We advise on proactive steps like completing a Traffic Offenders Intervention Program or other relevant counselling to show the court you are addressing any underlying issues.
Different Types of Section 10 Orders
A Section 10 order means you are found guilty of an offence but the court does not record a conviction. This can be granted in several ways:
- Section 10(1)(a) Dismissal:Â This is the most lenient outcome. The charge is dismissed outright without any conditions, conviction, or penalty.
- Conditional Release Order (CRO) Without Conviction:Â The court does not record a conviction but places you on a good behaviour bond for up to two years. You must comply with standard conditions, such as not committing any further offences.
- Dismissal with an Intervention Program:Â The charge is dismissed without conviction on the condition that you participate in and complete a specific program, such as drug and alcohol counselling or an anger management course.
Section 10 and Criminal Records
The primary benefit of a Section 10 order is that you avoid a criminal conviction. This protects your reputation and future opportunities, including your ability to find employment and travel overseas.
An outright dismissal under Section 10(1)(a) will not appear on a criminal record check. If you receive a Conditional Release Order without conviction, it will appear on your record for the duration of the bond. However, once the bond period is complete, the offence becomes a ‘spent conviction’ and you are no longer required to disclose it to most employers.
When is a Section 10 Appropriate?
There is no automatic right to a Section 10 dismissal. A Magistrate or Judge assesses every case on its individual merits to determine if it is an appropriate outcome. A Section 10 is less likely for a very serious offence or if you have received one for a similar offence in the recent past.
The court will weigh the objective seriousness of the criminal offence against factors personal to you. This includes your good character, lack of a criminal record, any extenuating circumstances, and the potential impact a conviction would have on your life.
Our role is to present a persuasive case that convinces the court that the legal and social consequences of a conviction would be a disproportionate punishment.
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Have Sydney's Best Criminal & Traffic Lawyers On Your Side
When you face a criminal or traffic charge, having a formidable legal team in your corner is not a luxury – it’s a necessity. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our reputation for relentless advocacy and strategic excellence is why we are consistently involved in significant, high-profile cases.
Our work, often highlighted by the media, demonstrates our commitment to every client. We apply the same level of tenacity and expert skill to your case, ensuring you feel protected and have a clear path forward.
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Why Choose Daoud Legal: Sydney Criminal Defence & Traffic Lawyers
A PROVEN RECORD OF DISMISSALS
We have a proven history of achieving Section 10 dismissals. Our criminal defence lawyers focus on strategic arguments to protect our clients from a criminal record and conviction.
EXPERT SECTION 10 LAWYERS
Our senior lawyers have over 40 years of combined experience in criminal and traffic law. Their deep knowledge of the NSW court system gives you a significant advantage in obtaining a section 10.
Free Strategy Session & 24/7 Help
We offer a free Section 10 Strategy Session to assess your case and outline your options for getting a section 10. Our team is available 24/7 because immediate legal advice is crucial.
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FAQs
What is a section 10 dismissal?
A Section 10 dismissal is an order under the Crimes (Sentencing Procedure) Act 1999 (NSW) where a court finds you guilty of a criminal or traffic offence but exercises its discretion not to record a criminal conviction against your name. It is a way of giving you a second chance and is often the best possible outcome.
What are the benefits of getting a section 10?
The main benefit is avoiding a criminal record, which can protect your current and future employment, your ability to travel overseas, and your reputation. For a traffic offence, a Section 10 dismissal also means you avoid licence disqualification and demerit points, allowing you to keep driving.
What are the different types of section 10 orders?
There are three main types. A Section 10(1)(a) is an outright dismissal with no conditions. A Conditional Release Order (CRO) without conviction acts like a good behaviour bond for up to two years. A dismissal with an intervention program requires you to complete a course, like the Traffic Offenders Program.
Do I need a lawyer to get a section 10?
While you can represent yourself, your chances of obtaining a Section 10 dismissal are significantly increased with an experienced criminal defence lawyer. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we specialise in building persuasive cases that convince a Magistrate or Judge that a non-conviction order is the appropriate sentence.
Can I get a section 10 if I have a criminal record?
Yes, it is possible. While a Section 10 is more commonly granted to first-time offenders, it is available to anyone. The court will consider your entire history, and our lawyers can present arguments that distinguish your current offence from past matters, highlighting why a conviction is not warranted this time.
Does the offence have to be trivial to get a section 10?
No. While the trivial nature of an offence is a factor the court considers, the law is clear that a Section 10 can be granted for very serious offences. The decision depends on a range of factors, not just the seriousness of the charge.
What factors does the court consider for a section 10?
A Magistrate or Judge must consider your character, age, health, and mental condition; your criminal history (antecedents); the triviality of the offence; and any extenuating circumstances in which the offence was committed. Our role is to present compelling evidence on each of these points.
How can I increase my chances of getting a section 10?
Presenting a well-prepared case is key. This includes providing strong character references, writing a sincere letter of apology to the court, and proactively completing relevant courses like an anger management or traffic offender program. Our lawyers will guide you on preparing this material to maximise your chances.
What are ‘extenuating circumstances’?
These are out-of-the-ordinary situations that help explain, but not excuse, why you committed the offence. This could include acting under severe emotional distress, provocation, or responding to an emergency. Presenting these circumstances provides crucial context for the court.
Can I get a section 10 for a drink driving offence?
Yes, a Section 10 is a possible outcome for drink driving offences, especially for less serious readings. Achieving this result requires a very strong and persuasive case, as the courts treat these matters seriously. Our experienced traffic lawyers know how to prepare the best possible case for a Section 10 for a traffic offence.
Is a section 10 available for drug offences?
Yes, a Section 10 can be granted for drug offences, particularly for minor possession charges. The court will consider all circumstances, and our criminal defence lawyers can argue that the legal and social consequences of a conviction would be a disproportionate penalty.
Does a section 10 show up on a police check?
An outright dismissal under Section 10(1)(a) does not appear on a criminal record check. A Conditional Release Order without conviction will appear for the duration of the bond. Once the bond expires, it becomes a ‘spent conviction’ and you do not have to disclose it to most employers.
Can I travel overseas if I get a section 10?
Yes. Because a Section 10 is not a conviction, it generally does not create the same barriers to overseas travel that a criminal record does. This is one of the most significant benefits of achieving this outcome, and a key reason we fight so hard to secure them for our clients.
What happens if I breach a conditional release order (CRO)?
If you commit another offence or breach a condition of your CRO, you can be called back to court. The Magistrate may take no action, vary the conditions, or revoke the order entirely and re-sentence you for the original offence, which would likely result in a conviction.
Is it better to plead guilty to get a section 10?
Pleading guilty at the earliest opportunity is a sign of remorse and is looked upon favourably by the court. It shows you have accepted responsibility for your actions, which can increase the chances of the court granting a Section 10 dismissal.
Can I get a section 10 more than once?
Yes, although it becomes more difficult. There is no rule against receiving a Section 10 twice, but the court will consider your criminal history. For certain major traffic offences, you cannot receive a second Section 10 within a five-year period.
If I get a section 10 for a traffic offence, do I lose demerit points?
No. If the court grants any form of Section 10 order for a traffic offence, you will not be convicted, your licence will not be disqualified, and you will not incur any demerit points.
What is the difference between a section 10 and a conviction?
A Section 10 means you are found guilty but the offence is not recorded on your criminal record. A conviction means you are found guilty and the offence is formally recorded, creating a criminal record that can impact your life for years to come.
How can Daoud Legal help me get a section 10?
Our expert criminal defence lawyers have a proven track record of securing Section 10 dismissals. We meticulously prepare your case, gather powerful evidence of your good character, and present persuasive submissions in court that address all the factors a Magistrate needs to consider.
What is a conditional release order (CRO) without conviction?
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